deceased RAW owner - how to handle?

[drewski310]

My friend's father passed away. He was a gun enthusiast. I'm advising him on the intra-familial handgun transfer. His non-RAW long guns are a non-issue from what I'm reading, but his father also owned at least one RAW.

Two questions:
1) Does he need to include a death cert or other documentation to go with the oplaw form?

2) I'm advising him to strip down the RAW until we figure out what needs to be done with the stripped lower. How should he handle this to stay 100% legal?

Any advice is appreciated.

[Dirtbiker]

You can't transfer the RAWs. They either go out of state or you have to surrender the registered receiver.

If it's an AR just strip it down to nothing and turn in the bare receiver.

[Jicko]

Put them in his grave....

If it's me, I'd like mine to go with me....

[The SoCal Gunner]

You can't transfer the RAWs. They either go out of state or you have to surrender the registered receiver.

If it's an AR just strip it down to nothing and turn in the bare receiver.

Even if you strip it down, wouldn't the receiver still be a registered AW? How exactly does one de-register a deceased person's AWs?

[DarkHorse]

Even if you strip it down, wouldn't the receiver still be a registered AW? How exactly does one de-register a deceased person's AWs?

Yes, the stripped lower would still be a RAW. It can't be de-registered, which is why you have to turn in the serialized receiver, but you can keep all of the parts, as the lower receiver is the only regulated part.

[domokun]

My friend's father passed away. He was a gun enthusiast. I'm advising him on the intra-familial handgun transfer. His non-RAW long guns are a non-issue from what I'm reading, but his father also owned at least one RAW.

Two questions:
1) Does he need to include a death cert or other documentation to go with the oplaw form?

2) I'm advising him to strip down the RAW until we figure out what needs to be done with the stripped lower. How should he handle this to stay 100% legal?

Any advice is appreciated.

If your friend's father just passed away, the executor of the estate has 90 days to sell the RAW out of state through a permitted CA RAW dealer or take it into out of state and consign it at a shop there. However if it's been more than 90 days, the only option is to strip the RAW down to the parts and then make arrangements with a lawyer to have the RAW receiver surrendered to LE for destruction.

If the RAW is a listed by name lower receiver, there is no way you can turn it into an OLL.

[socalgunrunner]

Please tell us what type of RAW it is, before everyone starts assuming that it's an AR.

At any rate, this is from the CA DOJ:

Can I inherit and keep a registered assault weapon?

No. Pursuant to California Penal Code section 12285(b), any person who obtains title to a registered assault weapon by bequest or intestate succession shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer who has a permit from the Department of Justice to purchase assault weapons, obtain a permit from the Department of Justice to possess assault weapons, or remove the weapon from this state.

[Omega13device]

Please tell us what type of RAW it is, before everyone starts assuming that it's an AR.

At any rate, this is from the CA DOJ:

Can I inherit and keep a registered assault weapon?

No. Pursuant to California Penal Code section 12285(b), any person who obtains title to a registered assault weapon by bequest or intestate succession shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer who has a permit from the Department of Justice to purchase assault weapons, obtain a permit from the Department of Justice to possess assault weapons, or remove the weapon from this state.

I don't see anything in 12285 PC that would prohibit the person inheriting the RAW from selling it out of state, as long as it is out of the state within 90 days. The last option in the section above is "...or remove the weapon from this state." That would seem to cover it. The use of a dealer with an AW permit only appears to apply if you're selling it WITHIN California.

Anyone please correct me if I'm wrong (and cite PC - no "I heard from my friend...").

[bwiese]

I don't see anything in 12285 PC that would prohibit the person inheriting the RAW from selling it out of state, as long as it is out of the state within 90 days. The last option in the section above is "...or remove the weapon from this state." That would seem to cover it. The use of a dealer with an AW permit only appears to apply if you're selling it WITHIN California.

Anyone please correct me if I'm wrong (and cite PC - no "I heard from my friend...").

This is correct. But that AW has to move outta state in 90 day period - I can't recall if that's from start of probate (likely) or actual death (unlikely).

If it is shipped outta state it must use the services of a CA FFL w/AW permit.
If it is carried out of state by executor/agent, the AW permittee is not required.

I think it'd be a good idea to dismantle AW however. Drama can and has happened in these cases - including to a knowledgable FFL.

[RP1911]

Hmmm. We are going to have a lot of these happening in the next few years.

The state did not allow those who had kids under 18 at the time to joint register the RAWs.

Can't this be challenged as:

1) a 'taking'

2) interfering with probate law

3) equal protection?

Unfortunately some of us were not savvy enough to establish a trust back then and register it to the trust.

[leitung]

Here is what I would do...
Strip the damm thing down, keep the upper e.t.c. here, and send the lower out of state.

Here is an interesting question, say I meet someone FTF out of state, what do I need to do to sell to someone in say Nevada? I would probably need to do it though a Nevada FFL correct? As I am an out of state seller?

If you can legally sell the lower out of state, you could take the money, buy a OLL and re assemble the assault weapon into a legal configuration (i.e. BB with 10 round mag)

[nicki]

What kind of gun is it.

Could you please tell us what make firearm it is.

Everyone is assuming AR15, but there were over 50 guns on original Roberti Roos list.

For instance, if it is a streetsweeper or striker 12, you can't take it out of state without getting the BATF's permission first since it would also be a "destructive device", courtesy of Clinton and executive orders, regardless of wheter it has a 18 inch plus barrel.

Nicki

[socalgunrunner]

Here is what I would do...
Strip the damm thing down, keep the upper e.t.c. here, and send the lower out of state.

Here is an interesting question, say I meet someone FTF out of state, what do I need to do to sell to someone in say Nevada? I would probably need to do it though a Nevada FFL correct? As I am an out of state seller?

If you can legally sell the lower out of state, you could take the money, buy a OLL and re assemble the assault weapon into a legal configuration (i.e. BB with 10 round mag)

The OP never stated that it was an AR (although it might be).

What would you recommend if it was a Calico M-900, or a Steyr Aug?

[DDT]

What would you recommend if it was a Calico M-900, or a Steyr Aug?

2 garbage bags, a lot a silica and a shovel?

[socalgunrunner]

2 garbage bags, a lot a silica and a shovel?

That reminds of back in the day when they used to advertise those air-tight plastic burial tubes in The Shotgun News.

For use in the post-apocalyptic zombie infested world, no doubt.