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  • JFirearrow
    Junior Member
    • Nov 2010
    • 1

    Inherited an assault weapon

    Ok my Wife's dad dies and she inherits a KG-99 and a bunch of hi cap mags. Now What? I tried to understand the DOJ rules but very confusing. Says she cant inherit it but she cant registeer it soooo can I sell this on AA or Gunbroker to an out of state dealer legaly?
  • #2
    h0use
    Calguns Addict
    • Jul 2009
    • 5783

    Serender it to the police.

    Comment

    • #3
      Robidouxs
      Senior Member
      • Dec 2009
      • 1684

      If it is not listed as an assault weapon it can be made legal. You will need a magazine lock for the pistol. You have to address the threads on the barrel. The threads can either be ground off or you can purchase a different barrel without threads. You have to block the the magazines to only accept 10 rounds. You can have the other magazines dissembled as rebuild kits or for use when you decide to travel out of CA.
      Life is like having a map with precise directions and exact stops, you find out that your directions and stops change as you progress further down your original map.

      Comment

      • #4
        Robidouxs
        Senior Member
        • Dec 2009
        • 1684

        Please consult this link:

        Life is like having a map with precise directions and exact stops, you find out that your directions and stops change as you progress further down your original map.

        Comment

        • #5
          ptoguy2002
          Veteran Member
          • Jul 2006
          • 3866

          See here for the wiki on inheriting firearms: http://wiki.calgunsfoundation.org/In...and_Interstate

          Here is the law with regards to inheriting an assault weapon:

          Any person who (A) obtains title to an assault weapon registered under this
          section or that was possessed pursuant to paragraph (1) of subdivision (f) of
          Section 12280 by bequest or intestate succession, or (B) lawfully possessed
          a firearm subsequently declared to be an assault weapon pursuant to Section
          12276.5, or subsequently defined as an assault weapon pursuant to Section
          12276.1, shall, within 90 days,
          render the weapon permanently inoperable,
          sell the weapon to a licensed gun dealer,
          obtain a permit from the Department of Justice in the same manner as specified
          in Article 3 (commencing with Section 12230) of Chapter 2, or
          remove the weapon from this state.


          I am not an attorney, but AFAIK:
          -If it is a registered assault weapon, and currently in CA, your options are pretty clearly laid out. The law does not mention anything about removing evil features to make it OK. I would be careful about just removing evil features, or bullet buttoning the [non-named] gun and calling it good, because the law is pretty clear that that is not an option.
          ....... -ETA: After thinking about this for a few minutes, there might be another option, if it is a non-named gun. Remove the evil features or bullet button it. De-register the gun with DOJ. I don't know how that works, but I've heard of people doing it. Once you receive confirmation that the gun is de-registered, it may then be transferred. You must receive confirmation that the gun has been de-registered within the 90 days that you have to do something with it. I don't know if this is kosher or not, but I suppose it is technically within the law. The logic is, you have 90 days with the registered AW, if within that 90 days it is no longer either an AW, or registered, it should be GTG? Hopefully somebody that is smarter than I am will chime in.

          -If the firearm is not a named assault weapon (by make and model), and the gun is currently out of state, pretty much anything that is not named can be made to be legal. Once legal, you can bring into the state.

          -The third option is an unregistered gun in state, which I am not going to comment on as that gets into illegal stuff that I don't know about.

          -AFAIK, the high caps can be taken apart completely and possessed as "rebuild kit". You may not take possession of the assembled magazines.

          A couple other notes. Do NOT transport the gun anywhere. Transport is a felony.
          Last edited by ptoguy2002; 12-21-2011, 11:01 AM.
          WTB: SWISS & German police trade in pistols
          WTB: German made & proofed SIG P226R & P228R
          WTB: Factory cutaway pistols & rifles
          WTB: LAPD Ithaca M37 / CHP S&W / Other PD trade ins....

          Comment

          • #6
            ojisan
            Agent 86
            CGN Contributor
            • Apr 2008
            • 11780

            FYI:
            The licensed gun dealer mentioned above must also be a licensed AW dealer....not all dealers are AW dealers...if you choose this route then you have to find the right dealer.

            There are no more permits being issued, despite the law saying you can get one.

            Originally posted by Citadelgrad87
            I don't really care, I just like to argue.

            Comment

            • #7
              RGERBER
              Senior Member
              CGN Contributor
              • Dec 2009
              • 579

              Seems to me like I have read that the Ca. DOJ gives you 90 days to sell out of state, If it was me I would Disassemble and take to Free State to sell on Consignment for me. Or just sell used to dealer in Free State.

              Comment

              • #8
                desertram800
                Member
                • Feb 2007
                • 265

                PM me if you want to sell it, Im living in NV now! Just home for the holidays...
                sigpic

                Comment

                • #9
                  Uxi
                  Calguns Addict
                  • Apr 2008
                  • 5155

                  Seems like you could have perfect standing for a lawsuit in light of Heller and incorporation... Such a blatant infringement of not only the right to keep and bear arms, but basic property rights and inheritance.
                  "No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." -- Thomas Jefferson

                  9mm + 5.56mm =
                  .45ACP + 7.62 NATO =
                  10mm + 6.8 SPC =
                  sigpic

                  Et Verbum caro factum est et habitavit in nobis; Jn 1:14

                  Comment

                  • #10
                    Sunday
                    Calguns Addict
                    • Jan 2010
                    • 5574

                    Originally posted by h0use
                    Serender it to the police.
                    That would be stupid.
                    California's politicians and unionized government employees are a crime gang that makes the Mexican drug cartels look like a Girl Scout Troop in comparison.

                    Comment

                    • #11
                      Sunday
                      Calguns Addict
                      • Jan 2010
                      • 5574

                      only honest people care about laws.
                      California's politicians and unionized government employees are a crime gang that makes the Mexican drug cartels look like a Girl Scout Troop in comparison.

                      Comment

                      • #12
                        Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44685

                        Originally posted by Sunday
                        only honest people care about laws.
                        ... Which is why Calguns members do not suggest illegal behaviors. Felony time in state prison is not a subject for jest.

                        JFirearrow, ptoguy's post has all the info; you have 90 days to decide what to do.
                        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                        Comment

                        • #13
                          Sunday
                          Calguns Addict
                          • Jan 2010
                          • 5574

                          Originally posted by Librarian
                          ... Which is why Calguns members do not suggest illegal behaviors. Felony time in state prison is not a subject for jest.
                          That is the jist of the post but lets think this through first.
                          California's politicians and unionized government employees are a crime gang that makes the Mexican drug cartels look like a Girl Scout Troop in comparison.

                          Comment

                          • #14
                            Uxi
                            Calguns Addict
                            • Apr 2008
                            • 5155

                            Originally posted by Librarian
                            JFirearrow, ptoguy's post has all the info; you have 90 days to decide what to do.
                            Would he only have standing while within the 90 days? Seems like once you move it out of State, the government would try to dismiss based on lack of standing, no?
                            "No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." -- Thomas Jefferson

                            9mm + 5.56mm =
                            .45ACP + 7.62 NATO =
                            10mm + 6.8 SPC =
                            sigpic

                            Et Verbum caro factum est et habitavit in nobis; Jn 1:14

                            Comment

                            • #15
                              FNH5-7
                              Calguns Addict
                              • Sep 2009
                              • 9407

                              Originally posted by h0use
                              Serender it to the police.
                              Hell no!
                              **** that, There's gotta be another way!
                              Last edited by FNH5-7; 12-21-2011, 1:57 PM.
                              Originally posted by FalconLair
                              I weep for my country and what it is becoming.

                              Comment

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