question answered.

[jbolton]

Deleted. Thanks for the responses.

[Capybara]

The gun is either a RAW (registered assault weapon) or it is not. If it is a banned model and not registered, it is a felony to posses in the state. If it is a RAW, when the owner dies, it must be surrendered and will be destroyed (just the lower if it is an AR), I don't believe there is any provision for inheriting a RAW, they were a one shot deal. If it is an AR, make sure to just dispose of the lower receiver, the rest of the "gun" (upper, stock, LPK, bolt, etc.) are all just gun parts and not the RAW itself. If it is an AK, you could still salvage some parts from it to sell or to use to build another rifle.

Someone else with more knowledge about this will chime in, I think it is possible to sell it out of state but merely possessing it in state is a felony so I would not be caught with it, transporting it, etc. Some FFLs have a license to deal with RAWs, an Assault Weapon Permit, they could sell it out of state for you for a fee I am sure.

[brianm767]

1. If the firearm was co registered in more than one name, the other register can keep the weapon.

2. The weapon can be destroyed.

3. The weapon can be surrendered to law enforcement.

4. The weapon can be sold through a dealer who has a assault weapon license, if you wish to sell it from California, this is the route you must take.

5. The weapon can be physically taken out of the state and sold, gifted or kept as long as its out of Cali, once out of Cali, its no longer evil or an assault weapon, its now just a firearm.

6. If the weapon is banned by features and not by name, it can be altered to not be an assault weapon and deregistered, AKA go featureless, add bullet button etc.. If banned by name, the receiver can be swapped out.

All the above would be done by the executor of the estate, spouse, child attorney or who ever it might be, theres also a time line in which the above must be complied with, can't remember off hand, thinking 90 days?


Found it. http://oag.ca.gov/firearms/regagunfaqs#12
Can I keep a registered assault weapon/.50 BMG rifle that I inherited?

No. Pursuant to California Penal Code sections 30915 and 30935, any person who obtains title to a registered assault weapon or registered .50 BMG rifle by bequest or intestate succession shall, within 90 days (for assault weapons) or 180 days (for .50 BMG rifles) do one or more of the following:

Render the weapon permanently inoperable.
Sell the weapon to a licensed gun dealer who has a permit from DOJ to purchase assault weapons/.50 BMG rifles.
Obtain a permit from DOJ to possess assault weapons/.50 BMG rifles, in the same manner as specified in Article 3 (commencing with section 32650) of Chapter 6.
Lawfully remove the weapon from this state.