Willing guns?

[audihenry]

Hey guys,

I'm interesting in knowing what the legal repercussions are of willing guns to family? Say I will my guns to my kid, sister, etc. What sort of a legal process takes place to make the transfer legit? Is it any different than with any other non-firearm item?

[One Shot, One Dropped]

Not that I think it applies in any way to your situation (but I don't know how old you are anyways), but you cannot "will" (or even transfer) (Registered) Assault Weapons (RAWs) to anyone (not even your direct descendants (children/grandchildren) or parents/grandparents)...in California, that is.

Edit to add:
I don't think you are talking about that in the first place.

[ke6guj]

AFAIK, you just list them in your will, and when you kick the bucket, your executor of the will would pass the firearms to the new owner, or keep them per the will. Depending on what firearms were bequethed, an op-law form may need to be filed, or a PPT DROS performed.

As for RAWs, you certainly can will them to anybody you wish. If the recipient is out of state, then it would be sent to them. If the recipient was a CA-resident, then they would need to do one of the following.

12285(b)(1) Except as provided in paragraph (2), no assault weapon possessed pursuant to this section may be sold or transferred on or after January 1, 1990, to anyone within this state other than to a licensed gun dealer, as defined in subdivision (c) of Section 12290, or as provided in Section 12288. 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

[audihenry]

So basically they could transfer them to their own name, that legal transfer, DROS, wait period, etc., would need to be performed?

[ke6guj]

AFAIK, it depends on who the firearms are being willed to, and if they are handguns or long guns.

If I understand the PC correctly, your spouse or grandparent, parent, child, or grandchild could directly receive the firearms from the executor. If a long gun, no paperwork necessary, but if a handgun, an intrafamily/op-law form would need to be filed. No FFL needed, no DROS, no waiting period.

If the firearms were bequethed to anybody else, then I think the executor would need to PPT DROS them to the recipient via an FFL.

[audihenry]

Gotcha, thanks.