Widow selling late husbands firearms

[jdconn]

A friend of mine passed away a few months back and I was just contacted by his wife for help in getting rid of his firearms. I am not sure of the process in this situation? Does she need to have the guns registered to her first before selling or can she transfer them once sold to a private party at an FFL?

Her immediate concern is selling his AR but I think she is going to want to get rid of his handguns at some point... Not sure if there is a difference between the types of weapons.

Any suggestions on the legalities?


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[TheExiled]

I was in a similar situation last year myself. You might be better off advertising them and then having her do the ppt if they're in her name already

[Lucky Scott]

Contact Lil Johns auctions in orange. He buys complete collections or auctions them off. He knows all the info she needs.

[baddos]

ppt at any ffl will handle the transactions and legalities for her. Just follow the flow chat for the ar to make sure it's in a legal configuration. If the ar is an old registered aw (pre 1990) then her only option to sell it would be out of state.

[badhabit90]

i believe there are some legalities in this...first is was the estate left soley to her??(sometimes they are not...probate issue) and if so, then she would have to show a death certificate perhaps in order to obtain 'custody' of firearms just in case some other family member came forward and 'claimed' them......i think that sounds right.

i also do believe that she can take all the firearms to a shop and put them on consignment for her if she wanted. i know that we did this at a shop i worked at years ago when a lady brought all her late husbands firearms in(it was over 100 firearms, alot of them were great firearms...). we also kept a copy of the death cert on hand just incase the ATF agent asked..because they are not going to come back registered to that lady when she fill out the paperwork to sell....

IF she decided to sell them, she would have to go to the shop and do the private transfer in person, yada yada....

if she decided to sell the AR, i would bring it in as a 'lower receiver' and not the whole rifle...just a thought.

anyways, help her along with the pricing and such , or take them to a reputable shop ..as there are some vultures out there....

[003]

http://www.lsbauctions.com/

Have her contact these folks. Very honest straight shooters. They will not try to take advantage in any manner.

[HappyCamper781]

The executor of his estate can sell anything he is directed to sell that is not explicitly granted to any person or entity in his Will, I believe.

[GMG]

I might be wrong (so don't take this info as gospel), but The 4473 Dros asks for the name of the seller, not the name of the owner.

[Librarian]

A friend of mine passed away a few months back and I was just contacted by his wife for help in getting rid of his firearms. I am not sure of the process in this situation? Does she need to have the guns registered to her first before selling or can she transfer them once sold to a private party at an FFL?

Her immediate concern is selling his AR but I think she is going to want to get rid of his handguns at some point... Not sure if there is a difference between the types of weapons.

Any suggestions on the legalities?

The most urgent one is "is that AR an 'assault weapon'?"

If it is off-list and is either featureless or has a 'bullet button', then it's just a rifle - no problem.

If it's a RAW - registered 'assault weapon' either as a 'named' weapon from 1990 or as a 'featured' weapon from 2000-2001, then it's legal for her to have, but she must follow PC 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.

Can't speak to how strictly that 90 days IS enforced, but it COULD BE enforced.

If it is an UNregistered 'assault weapon', then she needs a lawyer to help her dispose of it, and that's 'do not call tomorrow, call tonight'.

As to the rest ...

She may herself be the person who inherits the guns. If that is so, she needs to file an Operation of Law form with the State showing her as the new owner, at which point she may sell them PPT or consignment or auction or whatever through-an-FFL method she likes.

Or, she may still be acting as executor; pretty much the same options are open to her, but if she does not accept ownership, she can skip the OPLAW to her personally.

[jdconn]

Thank you all so much.

Just to clarify the AR is Cal legal with BB and proper setup.

One gun that I do question is his Beretta 92 as it has the original 15 round mags with it.


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[SVT-40]

Contact gunslingerauctions... I worked for them for years. We helped many many widows in similar situations...

Give Jeff the owner a call. Their next auction is May 18th

http://www.gunslingerauctions.com/index.php?option=com_aicontactsafe&view=message&layout=message&pf=2&Itemid=156

[JoshuaS]

IANAL and she should cosult a lawyer

That said

1. No, they do not have to be reistered to her. That isn't how registration works anyways, registration is generally made through the process of transferring a firearm

2. In the case of an inheritance or bequethal the proper form, IF the recipient is a California resident, is an Op-Law form, found here http://oag.ca.gov/sites/all/files/pd...orms/oplaw.pdf You will note that this document is only for handguns

3. Registration for rifles started in 2014. I am not sure of the details, or whether an OPlaw form is needed Before 2014 no pperwork, no fees, no FFL was needed

4. If out of state, the handguns are exempt from the ban on interstate transfers, provided it is intrafamilial. Don't quote me on that. Maybe it is even if not familial

5. If the AR-15 is a RAW, then she has a set time period to dispose of it through either out of state sale (via ffl) or to an FFL with an assault weapons permit, or turning it in to the police

6. Assuming there is no direction in the will, and he is executor, yes she can sell the firearms PPT as you or I wold with our own. I believe this can only be after probate, if applicable, but I really don't know testament laws that well.

[M1NM]

One gun that I do question is his Beretta 92 as it has the original 15 round mags with it.

Will have to sell it without the mags - don't even think you can sell them as kits anymore. New owner will have to buy a 10 rounder to do the safe handling demo.

[RTE]

I would think the 10+ mags could be
disassembled and sold out of state, Yes?

[Librarian]

IANAL and she should cosult a lawyer

That said

1. No, they do not have to be reistered to her. That isn't how registration works anyways, registration is generally made through the process of transferring a firearm

2. In the case of an inheritance or bequethal the proper form, IF the recipient is a California resident, is an Op-Law form, found here http://oag.ca.gov/sites/all/files/pd...orms/oplaw.pdf You will note that this document is only for handguns

3. Registration for rifles started in 2014. I am not sure of the details, or whether an OPlaw form is needed Before 2014 no pperwork, no fees, no FFL was needed

4. If out of state, the handguns are exempt from the ban on interstate transfers, provided it is intrafamilial. Don't quote me on that. Maybe it is even if not familial

2 and3: You need to update your OPLAW form link - http://oag.ca.gov/sites/all/files/ag...rms/oplaw.pdf? is current. For 2014, it includes long guns. (Page at AG's site is http://oag.ca.gov/firearms/forms and has links to all the current forms)

4) inheritance is exempt from using an FFL on interstate transfer, so it is also exempt from CA Roster.