BBRAW disposal when I die

[BigPimping]

If I were to be eaten by a shark tomorrow, how long does my wife have before she has to relinquish my RAW to the police? She's not going to want to sell it out of state or deal with anything like that and I don't want her to be burdened with anything such as that.

Is there a time frame for her to take it to the law enforcement authorities along with the paperwork to be surrendered?

[BagelBites]

30915.**

Any person who obtains title to an assault weapon registered under this article or that was possessed pursuant to subdivision (a) of Section 30630 by bequest or intestate succession shall, within 90 days, do one or more of the following:

(a)*Render the weapon permanently inoperable.

(b)*Sell the weapon to a licensed gun dealer.

(c)*Obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.

(d)*Remove the weapon from this state.

[ar15barrels]

If I were to be eaten by a shark tomorrow, how long does my wife have before she has to relinquish my RAW to the police? She's not going to want to sell it out of state or deal with anything like that and I don't want her to be burdened with anything such as that.

Is there a time frame for her to take it to the law enforcement authorities along with the paperwork to be surrendered?

Pick a good gun friend and give him instructions on what to do with your collection.
Tell your wife who to talk to about the guns.
Put their contact info in your will/trust/estate papers so your wife won't have to remember who it was that will help with the guns.

[Robotron2k84]

By law, unless wifey is co-registered, on the RAW, only the executor of the estate as named by the probate court is allowed the 90-day exemption. We’ve been over this a few times. Felonies for everyone else who touches it unless police come to pick it up from the safe.

If the weapon can be broken down to a separate registered lower, surrender only that part. Remainder of the parts can be built back up as featureless.

Hopefully we get relief from SCOTUS on assaulty bits before long, and that it renders the PC moot, for transfers.

[smittty]

If I were to be eaten by a shark tomorrow, how long does my wife have before she has to relinquish my RAW to the police? She's not going to want to sell it out of state or deal with anything like that and I don't want her to be burdened with anything such as that.

Is there a time frame for her to take it to the law enforcement authorities along with the paperwork to be surrendered?

Hopefully you never put your wife or children in that position.

Here's a question, can you be buried with it?

If not, at some point it might be wise to disassemble the gun and destroy/surrender the receiver!

[JagerDog]

Just donate it to NRA posthumously. They have a program for that.

[tabascoz28]

Scotus? Don't we have to wait for Benitez first, then the 9th and maybe Scotus if Dems don't take the whitehouse/senate and does Assault Weapon Ban 2.0?

[Robotron2k84]

Depends on how Worman is dealt with, and what precedent is set with NYSRPA. But, we might need to see Duncan/Miller/Rupp through.

[BagelBites]

I'm not privy to what was discussed previously about this, but the PC specifically mentions intestate succession. So if Mr. Big Pimpin did not have a will and he died, assuming his wife is next of kin, the PC seems to allow for her to deal with the firearm.

[-hanko]

You and wife NEED a family trust.

[kwsr166]

^^^^ THIS! So much easier to deal with the firearms and overall for everything Real Estate, personal property, cars etc, MUCH easier than Probate.

[Robotron2k84]

I'm not privy to what was discussed previously about this, but the PC specifically mentions intestate succession. So if Mr. Big Pimpin did not have a will and he died, assuming his wife is next of kin, the PC seems to allow for her to deal with the firearm.

No such exemption exists in CA PC for registered assault weapons.

30600.

(a) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years.
(b) In addition and consecutive to the punishment imposed under subdivision (a), any person who transfers, lends, sells, or gives any assault weapon or any .50 BMG rifle to a minor in violation of subdivision (a) shall receive an enhancement of imprisonment pursuant to subdivision (h) of Section 1170 of one year.
(c) Except in the case of a first violation involving not more than two firearms as provided in Sections 30605 and 30610, for purposes of this article, if more than one assault weapon or .50 BMG rifle is involved in any violation of this article, there shall be a distinct and separate offense for each.
(Amended by Stats. 2011, Ch. 15, Sec. 549. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)

30605.

(a) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(b) Notwithstanding subdivision (a), a first violation of these provisions is punishable by a fine not exceeding five hundred dollars ($500) if the person was found in possession of no more than two firearms in compliance with Section 30945 and the person meets all of the following conditions:
(1) The person proves that he or she lawfully possessed the assault weapon prior to the date it was defined as an assault weapon.
(2) The person has not previously been convicted of a violation of this article.
(3) The person was found to be in possession of the assault weapon within one year following the end of the one-year registration period established pursuant to Section 30900.
(4) The person relinquished the firearm pursuant to Section 31100, in which case the assault weapon shall be destroyed pursuant to Sections 18000 and 18005.
(Amended by Stats. 2011, Ch. 15, Sec. 550. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)

30655.

(a) Section 30600 shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) or that was possessed pursuant to subdivision (a) of Section 30630 that is disposed of as authorized by the probate court, if the disposition is otherwise permitted by this chapter.
(b) Sections 30605 and 30610 shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) or that was possessed pursuant to subdivision (a) of Section 30630, if the assault weapon or .50 BMG rifle is possessed at a place set forth in subdivision (a) of Section 30945 or as authorized by the probate court.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

31100.

Any individual may arrange in advance to relinquish an assault weapon or a .50 BMG rifle to a police or sheriff’s department. The assault weapon or .50 BMG rifle shall be transported in accordance with Sections 16850 and 25610.

[hermosabeach]

Do you have the assets where she can simply burn $500- $1500?

[Garv]

If post 2, 30915 B is applicable, pre-arrange with a dealer as nearby as possible.

She will need the money to professionally clean the lair/rumpus room.

[Robotron2k84]

If you read through the PC, the only way to be allowed transport of a RAW, by a surviving spouse, not co-registered is to make plans, ahead of time, to relinquish the RAW, pursuant to 31100. But, the receiving agency will likely not want the weapon brought to them, and will come pick it up, instead.

My understanding of 30915 is that it prescribes the allowed actions when receiving title (only a probate court can do this), and during that process, an executor or admin is named that is the person that actually carries out the available options in 30915 other than surrender.