Taking a Dead Man's Gun

[Grey_Man]

My uncle passed away more than 25 years ago and my aunt is looking to give away his Mini 14. Any paper work my uncle had for it is long gone. He passed away fairly young and he didn't have a will. We are sure he bought it in the late 80's.

My questions are:

1) What would be the process of transferring it to me, if at all possible?

2) Would there be an issue if it came from the factory with a pistol grip and folding stock, even if i made it compliant?

[71MUSTY]

My uncle passed away more than 25 years ago and my aunt is looking to give away his Mini 14. Any paper work my uncle had for it is long gone. He passed away fairly young and he didn't have a will. We are sure he bought it in the late 80's.

My questions are:

1) What would be the process of transferring it to me, if at all possible?

2) Would there be an issue if it came from the factory with a pistol grip and folding stock, even if i made it compliant?

Question 1 when he died it became your Aunts. Legally she can transfer it to you thru a FFL pending answer to question 2

Question 2 needs to be answered by someone more knowledgeable then me. they will be along soon.

[swift]

illegal

I do not think your uncle would have been able to legally give it directly to you without going through an FFL.

A semiautomatic rifle with a pistol grip and a folding stock sounds like an assault weapon. If it was registered as an assault weapon already (say in 2000), I would suggest have your Aunt contact LE and ask to surrender it.

An FFL could not transfer it to you in its current configuration. If it already is a registered CA assault weapon, it would not be transferable to a CA resident.

I assume the rifle is in CA. If not, changing stock and removing pistol grip will allow you to transfer a ‘featureless’ rifle.



Not an attorney

[Grey_Man]

Question 1 when he died it became your Aunts. Legally she can transfer it to you thru a FFL ...

What would she need to do? Just show up and tell the story? Bring a death certificate? Is there paperwork that we can get a head start on?

[dwalker]

Go through an FFL.

I do not think your uncle would have been able to legally give it directly to you without going through an FFL.

A semiautomatic rifle with a pistol grip and a folding stock sounds like an assault weapon. You would not be able to transfer an assault weapon, so replace the stock and remove the grip prior to transfer at the FFL.

20 years ago he could, and probably did.

[cannon]

Just replace the stock with a regular one and you are fine for DROS and you can sell that folding stock for a good chunk of change. BYW if that is an original Ruger folding stock. It will sell for a lot of money.

[baranski]

I would suggest have your Aunt contact LE and ask to surrender it.

Surely you're kidding.

[Capt Jack]

Whatever you do, don't surrender it..
Put it in a regular stock and have her transfer it to you, or sell it out of state if need be, but for the love of god, don't surrender it, that would be idiotic. If it is a RAW, then leave it with your aunt and take it out every once in a while (with her of course ) and shoot it to remember your uncle.

[swift]

Surely you're kidding.

The rifle as described sounds like an assault weapon. Options would be limited if it were already a RAW.

http://gianellilaw.com/who-can-and-cant-inherit-your-guns/

[SonofWWIIDI]

Is said gun listed on the "banned by manufacturer" list (appendix A below)?

http://www.calguns.net/caawid/flowchart.pdf

Is the gun already in kommiefornia?

[UberPatriot]

The gun automatically became your aunts upon the death of your uncle.

You and your aunt need to go to a gun shop and do a person to person transfer.
First take the action out of the stock, It's easy to do, check YouTube on how to do it.
Leave the stock home you don't need it to transfer.

If it was registered as a registered assault weapon, then it can't be transferred to you.

If this is your first firearm you will need a to take a test for firearms safety certificate, you can do that at the gun shop.
Study up first but it's easy, about 20 questions I think.

Edit: probably better to transfer to new stock because of minimum rifle length laws.

[AGFNTB]

Buy a Hogue (or similar) stock for the Mini-14 then transfer through an FFL.

https://www.hogueinc.com/stocks/ruger/mini14

Transferring to the new stock is easy.

https://www.hogueinc.com/media/custom/upload/File-1497472908.pdf

[heidad01]

OP said his uncle had a mini 14.

Isn't that the sane as a Ruger Mini 14 which is a featureless rifle and completely legal?

Am I missing something?

[UberPatriot]

OP said his uncle had a mini 14.

Isn't that the sane as a Ruger Mini 14 which is a featureless rifle and completely legal?

Am I missing something?

"came from the factory with a pistol grip and folding stock"

[Michael777]

Dead men tell no tales. Treasure is yours lad. Arghhhhhh