Questions about firearms in an estate (possible AW issue)

[RANGER295]

[Kharn]

if you put a rifle, a nasty-looking handgun and a big handgun on a table and ask non-gun people to id them, you are likely to hear AK, Mac and Desert Eagle...

Instead of drilling the safe, look through the guy's papers to see if you can find the reciept/owner's manual (most list the combination the unit shipped with) or a serial number to send to the manufacturer for a default combination.

[Ubermcoupe]

You can Contact the DOJ, as the executor, but it won't help as transfer for RAW is not possible, so it puts you in the same boat as #2.

2. If they are not registered and are listed, is there any legal way to dispose of them other than arranging to surrender them to LE?

The only legal way is to sell them to a RAW dealer in the state or sell them out of state (possiblly the best way + includes some $)
Licensed dealer in this case is a dealer licesned to do business in AWs.

Would he be better off just getting a lawyer? When he mentioned it to me, he was all ready to just have the police come and take everything safe and all.

Thanks everyone.

I would avoid having the police just come take them. Costs associated with a loved ones passing are astronomical, atleat the liquidation will help offset some costs, versus having the police seize them to be destoryed.

You won't really know what you have until the safe is opened (I like the suggestion of finding out the combo vs. drilling it, even the safe is worth money) once that happens you'll better know how to deal with things.

I would create a plan for if the weapons are listed, export them out of state, contact a AW dealer and ask them if they would be willing to purchase something if it does come up.

Other "CA-legal" weapons can be PPTd out or sold through your plan in place.

Best of luck with the whole think and glad you are there to help your friend through this tough time.

[beech bum]

Maybe just have your friend transport the whole thing out of state before its opened so you don't know what is in it until you are in a safe environment to open it.

[curtisfong]

My friend is scared of guns.

Take him to the range. There is no excuse for this.

[CHS]

Maybe just have your friend transport the whole thing out of state before its opened so you don't know what is in it until you are in a safe environment to open it.

Possession of an unregistered assault weapon isn't even a misdemeanor. It's a simple nuisance charge.

Transportation is a felony.

Which would you rather explain to a judge?

[bwiese]

Possession of an unregistered assault weapon isn't even a misdemeanor. It's a simple nuisance charge.

It is likely chargeable as felony or misdemeanor and after efforts at plead-down (with no other color) you may luck out with a nuisance charge.


A registered AW in an estate can be sold/transferred out of state (or to LEO w/paper) via services of a CA FFL w/DOJ AW permit.

An unregistered AW is contraband and a CA AW permittee won't touch it.

[beech bum]

Possession of an unregistered assault weapon isn't even a misdemeanor. It's a simple nuisance charge.

Transportation is a felony.

Which would you rather explain to a judge?

Thats a very good point, and one I am aware of but didn't think of before I posted. I was only thinking about the original posters comments on drilling the safe, and comments that it might not be an unregistered assault weapon. Still, "might not be" is too much of a gamble to take I suppose.
This why I usually just read a long and don't post, as I don't like my foot in my mouth.
I hope this situation is resolved to everyones satisfaction.

[RANGER295]

A registered AW in an estate can be sold/transferred out of state (or to LEO w/paper) via services of a CA FFL w/DOJ AW permit.

An unregistered AW is contraband and a CA AW permittee won't touch it.

Ok, this answers perhaps the most important part of my question.

Remaining questions, can the executor in fact get registration info from DOJ?

Assuming that we can not get records or they are unregistered, would it be a safe option to just torch cut the receivers (ferrous metal) or saw cut/smash the receiver (non ferrous ie. AR) as they come out of the safe?

Take him to the range. There is no excuse for this.

I do not see it changing. He is not an anti who thinks no one should have them. He in fact, wants someone who will appreciate them to get them. He just wants nothing to do with weapons himself.

[CHS]

Assuming that we can not get records or they are unregistered, would it be a safe option to just torch cut the receivers (ferrous metal) or saw cut/smash the receiver (non ferrous ie. AR) as they come out of the safe?

May want to talk to a lawyer just to make sure it's all on the up-and-up, but that would probably be fine.

To demil them properly you should meet the federal standards since CA has no such thing. You'll have to torch or saw-cut the receivers in 3 locations with each cut removing a minimum of 1/4" of material.

All other pieces you could legally keep.

If you are actually named as one of the executors of the estate, you will also be free of any paperwork for long guns. You can just keep those (assuming they are legal and not RAW's or UAW's). Any handguns you can also keep, but then you would have to fill out and submit the op-law form.

Any off-list RAW's can be rendered SB-23 compliant and also kept. If one is a RAW it will have to be de-registered first though. The law gives you enough time though to accomplish this.