Inheriting Legally Registered Assault Weapons

[Elite Armory]

We have a customer that just inherited a few legally owned, registered assault weapons. He contacted the local police department and they told him that he could take them out of state and sell them or destroy them.

I remember reading somewhere that an inheritor could either convert them into a legal configuration, destroy them or sell them out of state within 90 days. But, when we talked to the DOJ, they said that he cannot legally take possession of them in any shape or form. I then asked how he could unregister them as assault weapons and turn them into a legal configuration and she said that this was not an option. Only the registered owner of the assault weapon would be able to unregister it as an assault weapon but the inheritor cannot do this.

His local police department already gave him the okay to take possession of them for the purpose of selling them. Is there a way for him to unregister them as assault weapons and turn them into a legal configuration? If so, how would he do this?

[emtmark]

This should be done off the public site and with assistance of an attorney. IMHO

[Ed_Hazard]

He cant unregister them, but he can strip all the components from the serialized portion, i.e. lower receiver in cases of AR's and such, and use them to build a new rifle.

Lets say they are Colt models banned by name, only the lower is considered the RAW. So he pulls off the upper, guts the lower and uses all that to assemble a new AR on an OLL. The stripped lower, the actual RAW, can then be disposed of.

It gets a little more involved with some guns like HK's, Galial's, FN Fals and such. The meat of the matter being that the serialized component is the RAW and must be disposed of according to the law.

[The Gleam]

This should be done off the public site and with assistance of an attorney. IMHO

Much of what they have told you is true, but I agree with emtmark; attorney, possibly to fight based on rights to property, etc. May even be a very important legal case in the making.

Frustrating to know that something that might actually be OLL/OLR as not affected by the Roberti-Roos name-game, was registered due to timing or the ban based on features (and the concept of OLL and OLR was not even a thought in 2000) and that without those features, it's still considered contraband BECAUSE it was registered.

In the least, pull off all the parts down to the stripped receiver. Keep said parts.

[Librarian]

We have a customer that just inherited a few legally owned, registered assault weapons. He contacted the local police department and they told him that he could take them out of state and sell them or destroy them.

I remember reading somewhere that an inheritor could either convert them into a legal configuration, destroy them or sell them out of state within 90 days. But, when we talked to the DOJ, they said that he cannot legally take possession of them in any shape or form. I then asked how he could unregister them as assault weapons and turn them into a legal configuration and she said that this was not an option. Only the registered owner of the assault weapon would be able to unregister it as an assault weapon but the inheritor cannot do this.

His local police department already gave him the okay to take possession of them for the purpose of selling them. Is there a way for him to unregister them as assault weapons and turn them into a legal configuration? If so, how would he do this?

An executor can deal with them without problems

DOJ was a little bit wrong - 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.

[(c) is 'get a machine gun permit'; both (a) and (d) require taking possession to accomplish; (b) might be done via the executor so don't need to take possession, but could.]

But no, the inheritor cannot un-register them; no provision to do that.

At the moment, no reason to not talk about the guns, presuming still within the 90 day window.

Keep the parts if you like - while the definition of 'assault weapon' rifles requires semiautomatic center fire, it's still the serialized part (ordinarily the lower) that is registered, so any upper, the furniture, the internal parts are all 'just parts'.

[NoHeavyHitter]

For an AR, I'd demil the receiver and pick up a new CA-legal one and rebuild it. For a "more valuable" gun (like an HK-94) rent a small self-storage locker in NV and keep it there and use it as yet one more reason as to why it would be a good idea to retire elsewhere.

[Elite Armory]

An executor can deal with them without problems

DOJ was a little bit wrong - PC 30915
[(c) is 'get a machine gun permit'; both (a) and (d) require taking possession to accomplish; (b) might be done via the executor so don't need to take possession, but could.]

But no, the inheritor cannot un-register them; no provision to do that.

At the moment, no reason to not talk about the guns, presuming still within the 90 day window.

Keep the parts if you like - while the definition of 'assault weapon' rifles requires semiautomatic center fire, it's still the serialized part (ordinarily the lower) that is registered, so any upper, the furniture, the internal parts are all 'just parts'.

Thank you for the clear and concise answer. Thats a shame. He's got some NICE stuff, not just ARs. And yes, he is still in his 90 days.

[Elite Armory]

What if he took them out of state and sold them to an out of state ffl. Would the out of state FFL be able to convert them into a legal configuration and send them to a CA ffl in the new legal configuration?

[Librarian]

What if he took them out of state and sold them to an out of state ffl. Would the out of state FFL be able to convert them into a legal configuration and send them to a CA ffl in the new legal configuration?

Legal to take them out of state - specified as a legal action in PC.

Legal for anyone to work on them out of state.

But if he should keep the lowers with the registered serial numbers, if investigated would come up as a RAW and him not the owner.

If he changes the lowers/serials, probably have to run them through a CA FFL as 'new' guns. At a guess, probably need an out of state 07 FFL (manufacturer) to properly change the S/Ns.

And still can't inherit any 11+ magazines

[saki302]

It may be worthwhile just to sell them intact out of state- some of the old pre-ban rifles are worth something unmolested.

Take the cash and build something else with new parts.

-Dave

[TacticalPlinker]

It may be worthwhile just to sell them intact out of state- some of the old pre-ban rifles are worth something unmolested.

Take the cash and build something else with new parts.

-Dave

Agreed. All other options sound expensive, involve lawyers, time and possibly questionable actions.

As AR platform is easy, simply "dispose" of the lower receiver... Other platforms, not so much.

Sell them out of state, untouched. They're not "assault weapons" in most other states.

[dantodd]

A registered AW can be removed from the registry by the original owner. The executor can do this as the representative of the deceased. The weapon must first be configured such that it is not in an AW configuration. If the gun is a weapon named in the law it cannot be "fixed" by removing evil features. If it is not a named AW you can generally configure it to be compliant. If it is a named weapon and the receiver is replaceable that is an option and t there is no reason to remove it from the registry. AR lowers are generally too cheap to bother selling out of state and should probably just be turned in. As others have said remove any valuable or reusable parts

[Skyhook]

What if he took them out of state and sold them to an out of state ffl. Would the out of state FFL be able to convert them into a legal configuration and send them to a CA ffl in the new legal configuration?

IMO he'd be better off at that point working out a deal with the OOS FFL that would essentially be a trade, although structured as two separate sales.

Sell the RAWs to the FFL, and the FFL sells your customer firearms of comparable value that are CA legal, which the OOS FFL then ships to you as a standard OOS sales transaction (I'm assuming you're a CA FFL).

Those would seem to be the easiest courses of action, and given the market for modern sporting firearms, it seems like your customer could end up with some nice, CA-legal firearms when all is said and done.

[redcliff]

If it was me, I'd store them out of state with a friend or relative.

[DanB]

I dont know how it works in other states, but in Florida he could send them to an FFL here who could care less were they came from, and I could go and pick them up and go home after filling out the fed paperwork. No point in destroying a perfectly good rifle if its legal (not stolen). Even if he just wanted to sell the serial # parts.
Take the $ and buy something legal there.