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Inherited guns in California

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  • bodiebill
    Member
    • Apr 2007
    • 301

    Inherited guns in California

    What are the CA laws pertaining to passing guns on to immediate family members? Particularly at death.
  • #2
    rayra
    Banned
    • Mar 2006
    • 1747

    you need to look up intrafamilial transfer, there are several recent topics on it.
    You also need to read up on the forms for reporting handgun ownership / transfer.
    And you need to read up on the penalties for not doing so, to see if they concern you at all.
    And if it's an 'assault weapon' as defined by this benighted state, it isn't transferable at all. You'll have to liquidate it to a dealer or an out of state buyer.

    Comment

    • #3
      ontargetrange
      Vendor/Retailer
      CGN Contributor - Lifetime
      • Dec 2008
      • 302


      REPORT OF OPERATION OF LAW OR
      INTRA-FAMILIAL HANDGUN TRANSACTION
      Regards

      Gregg

      sigpic

      NRA Supporter & Life Member
      CRPA Life Member

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      • #4
        corrosively_armed
        Member
        • Dec 2007
        • 172

        I still want to know what you are technically supposed to do when a guy dies and his wife sells off his stuff including his hicaps. I passed some up years ago because I didn't know.

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        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44626

          Originally posted by corrosively_armed
          I still want to know what you are technically supposed to do when a guy dies and his wife sells off his stuff including his hicaps. I passed some up years ago because I didn't know.
          With no more information than that....

          Wife inherits, either as named beneficiary or as community property. She owns them, just like her husband did.

          If there were California 'assault weapons' she has to get rid of them - transfer by inheritance is not allowed; she cannot sell them to anyone in CA who is not an FFL with an AW permit.

          She shouldn't receive the large-capacity magazines, but if they were community property, she owned them anyway, so let's call that OK. She can't sell them to anyone in CA but an FFL or LEO, though.

          With those two exceptions, she can sell the guns to anyone not legally prohibited from owning them.
          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

          Comment

          • #6
            glockman19
            Banned
            • Jun 2007
            • 10486

            If there were California 'assault weapons' she has to get rid of them - transfer by inheritance is not allowed; she cannot sell them to anyone in CA who is not an FFL with an AW permit.
            Wouldn't she also own half, (Community property) of the AW ? and the hi-cap mag's as well?

            All my property is owned by both my wife and I equally, inherited or pre marital assets exempt unless comingled or added to the ownership, (trust deed).

            What happens if you have a name change? Can you Amend your AW registration?

            Comment

            • #7
              Librarian
              Admin and Poltergeist
              CGN Contributor - Lifetime
              • Oct 2005
              • 44626

              Originally posted by glockman19
              Wouldn't she also own half, (Community property) of the AW ? and the hi-cap mag's as well?

              All my property is owned by both my wife and I equally, inherited or pre marital assets exempt unless comingled or added to the ownership, (trust deed).

              What happens if you have a name change? Can you Amend your AW registration?
              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

              Comment

              • #8
                ke6guj
                Moderator
                CGN Contributor - Lifetime
                • Nov 2003
                • 23725

                IIRC, both the husband and wife, and any other people over the age of 18 that resided together could send in registration cards for the same AWs. Each person would fill out the card with send it in. For example; 4 people, 4 registration, 4x the fee.
                Last edited by ke6guj; 12-24-2008, 3:18 PM.
                Jack



                Do you want an AOW or C&R SBS/SBR in CA?

                No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                Comment

                • #9
                  jas000
                  Junior Member
                  • Nov 2008
                  • 76

                  Continuing on the Inherited AW:

                  I also recall that relatives living in the same household could co-register (I actually did in 1989/90).

                  But some years later I hard that this co-registration stuff was null, void, moot.

                  But, I wonder, is the null, void, moot info from that era just FUD? Can I inherit my dad's AW - it's still currently listed on my AW registration letter.
                  sigpicNRA Life Member

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