Death and Firearms

[DevilDawgJJ]

I'm looking into getting a living will/trust and since I don't have either as of now, what happens to my firearms if I die?

They are registered (obviously) to me, but what steps would my wife need to go through to have them in her name? Is it the same as if she were purchasing a firearm herself?

I read somewhere that it is legal for children under the age of 21 to 'legally posses' firearms (including handguns), if willed to them. Is that still the current issue? I have three small children...

Any direction to the right information would be great!

[Quiet]

Your wife would be the legal owner via operation of law.
Within 30 days she would have to report any handguns she recieves by sending in an Operation of Law or Intra-Familial Handgun Transaction Report with $19 to CA DOJ BOF.
Long guns and others do not have to be reported.

Persons aged 18-20 can legally own/possess handguns.
They can acquire them via intra-familial gift or inheritance/bequest.
The person gifting/bequething the handguns needs to be their grandparent or parent.
Within 30 days they would have to report any handguns they recieve by sending in an Operation of Law or Intra-Familial Handgun Transaction Report with $19 to CA DOJ BOF.

A Grandparent or parent can gift/bequeth long guns to a grandchild or child of any age.
Long guns transfered this way do not have to be reported.

Registered Assault Weapons can not be inherited and the executor of the estate will have to sell it out-of-state or sell it to a CA FFL dealer with an assault weapons permit or turn it over to a LE agency for disposal.

[DevilDawgJJ]

Your wife would be the legal owner via operation of law.
Within 30 days she would have to report any handguns she recieves by sending in an Operation of Law or Intra-Familial Handgun Transaction Report with $19 to CA DOJ BOF.
Long guns and others do not have to be reported.

Persons aged 18-20 can legally own/possess handguns.
They can acquire them via intra-familial gift or inheritance/bequest.
The person gifting/bequething the handguns needs to be their grandparent or parent.
Within 30 days they would have to report any handguns they recieve by sending in an Operation of Law or Intra-Familial Handgun Transaction Report with $19 to CA DOJ BOF.

A Grandparent or parent can gift/bequeth long guns to a grandchild or child of any age.
Long guns transfered this way do not have to be reported.

Registered Assault Weapons can not be inherited and the executor of the estate will have to sell it out-of-state or sell it to a CA FFL dealer with an assault weapons permit or turn it over to a LE agency for disposal.

Thank you, ma'am!

So my wife could gift my 'long guns' to my children in the event of my death, without any paper work or forms to fill out? (Just making sure).

Registered Assault Weapons can not be inherited and the executor of the estate will have to sell it out-of-state or sell it to a CA FFL dealer with an assault weapons permit or turn it over to a LE agency for disposal

I guess my Steyr AUG will have to be sold then.... (just kidding).

[Quiet]

Thank you, ma'am!

So my wife could gift my 'long guns' to my children in the event of my death, without any paper work or forms to fill out? (Just making sure).

I'm not a ma'am.

In accordance to CA state laws and Federal laws...
You, your wife or their grandparents can gift long guns to your children at anytime. No paperwork is needed, unless the gift is from out-of-state.

[DVSmith]

California state law requires that the firearms get buried with you. That takes them off the streets.

LOL J/K - Not that a few members of the legislature might not want this to be true.

I asked our estate attorney about this and I honestly don't remember his answer, but he was well versed in how to deal with firearms and I didn't recall it required any unusual action. When you set up your will/trust, just ask your attorney about it.