Firearms and Wills

[4DSJW]

I looked up as much as I could on the Wiki and believe I have this sorted out. I am not married, living with a long-term domestic partner (since 1992). We own a house together and I will leave all of my firearms to her in my will along with a notarized request that some of the pieces go to named people if her financial situation allows. She will be the Executor of my will and I just want to double-check, are these statements correct:

Any firearms that she keeps will have to be listed on a CA DOJ OPLAW form and filed and she will need a valid HSC for handguns.

She can give bequeathed firearms directly to a CA resident without going through an FFL. The new owner will have to file a CA DOJ OPLAW form after receipt. ETA- Also be non-prohibited and have a valid HSC for handguns.

She can give bequeathed firearms directly to non-CA residents without going through an FFL and that person can transport the firearm(s) back to their home state.

She can ship bequeathed firearms directly to non-CA residents without going through a CA FFL or FFL in the recipients home state.

Thank You for Your Comments!

[russ69]

It's not that complicated. Have a will drawn up and list the beneficiary of your choice. Guns are just property you have left to a survivor, they don't have to be mentioned unless you have specific plans that the guns are going to someone else beside the main beneficiary.

[newbee1111]

I think all your statements are correct. I'm sure someone smarter than me will be along shortly to correct me though.

CA residents accepting handguns will need to get a handgun safety certificate.

Currently you only have to fill out the oplaw form for handguns but I think you will need to put rifles and shotguns on it starting next year.

The only real gotcha with firearms and wills is giving away a registered assault weapon.

[4DSJW]

Thank you for the replies.

It's not that complicated. Have a will drawn up and list the beneficiary of your choice. Guns are just property you have left to a survivor, they don't have to be mentioned unless you have specific plans that the guns are going to someone else beside the main beneficiary.

Russ69, it is "sort of" complicated in that I want my assets to go to my girlfriend in case she needs to cash them in for financial needs. If those financial needs do not exist then I have named specific individuals that would get specific firearms. I do understand that doing it this way means that I have to trust her to follow my wishes if she does not need the money, after 21 years I do.

[Rob454]

Forget the will. Do a living trust. Way better for everyone involved. Look into it

[4DSJW]

Forget the will. Do a living trust. Way better for everyone involved. Look into it

Revocable and Irrevocable Trusts have been around for a long time and are generally used to protect assets and/or avoid probate. Sounds like a good idea but I have also heard a number of people say that they are generally worth doing for larger estates... not sure what "larger" really is though. I do not know if Trusts are generally a good, bad, or neutral thing regarding firearms. Thanks for the suggestion.


Still looking for confirmation that these statements are correct regarding the Executor of a will giving firearms to a recipient:

Any firearms that she keeps will have to be listed on a CA DOJ OPLAW form and filed and she will need a valid HSC for handguns.

She can give bequeathed firearms directly to a CA resident without going through an FFL. The new owner will have to file a CA DOJ OPLAW form after receipt. ETA- Also be non-prohibited and have a valid HSC for handguns.

She can give bequeathed firearms directly to non-CA residents without going through an FFL and that person can transport the firearm(s) back to their home state.

She can ship bequeathed firearms directly to non-CA residents without going through a CA FFL or FFL in the recipients home state.

Thank You for Your Help!