If a husband passes......

[freewayrandy]

does his wife have to get all his weapons transferred to her name?

[Tyke8319]

No. If they are legally married, CA is a community property state.

[CalifEd]

Because Komifornia gun laws change at the twist in the Legislators' shorts, I would suggest that you have a will, or trust, made that specifically covers what you/husband want to happen to his weapons especially if they are rare, grandfathered exemptions or special permitted.
Make sure the attorney is familiar with current gun laws too, your business lawyer may be good at contracts but know nothing of gun laws.

[CAL.BAR]

No. If they are legally married, CA is a community property state.

Well, quite true,we are a community property state, firearms have both a registered owner and a legal owner. (a bit like a car) SO... while the wife has an ownership interest in the firearms, she is NOT the registered owner. I believe that she is technically supposed to file the OP LAW form to get them all registered under her name.

[Librarian]

Well, quite true,we are a community property state, firearms have both a registered owner and a legal owner. (a bit like a car) SO... while the wife has an ownership interest in the firearms, she is NOT the registered owner. I believe that she is technically supposed to file the OP LAW form to get them all registered under her name.

Unfortunately, in CA guns are different from jewelry and cars and art - so the above is correct.

[Nardo1895]

Unfortunately, in CA guns are different from jewelry and cars and art - so the above is correct.

While that is true it may be a requirement without a consequence. It sort of depends on what the wife wants to do with them. If she intends to keep any of them she should re-register them in her name.

If she is intent on selling them, she doesn't need to register them. She may be in technical violation of the law by not sending in the Op Law form to put them in her name, but as long as she legally sells or transfers them through a dealer there is no (apparent) consequence. I have helped two widows dispose of their husband's collections. Some were sold as PPTs, some as dealer transfers and some out of state. If there was going to be an issue, I think it it would have showed up on the PPTs.

[taperxz]

Unfortunately, in CA guns are different from jewelry and cars and art - so the above is correct.

The state would also need to prove that the husband didn?t give his wife those guns many moons ago. Except for anything registered in his name since long guns weren?t registered till 2014.

I?m not suggesting any illegal activity either. He may very well have given her guns pre registration requirements.

[Librarian]

While that is true it may be a requirement without a consequence. It sort of depends on what the wife wants to do with them. If she intends to keep any of them she should re-register them in her name.

If she is intent on selling them, she doesn't need to register them. She may be in technical violation of the law by not sending in the Op Law form to put them in her name, but as long as she legally sells or transfers them through a dealer there is no (apparent) consequence. I have helped two widows dispose of their husband's collections. Some were sold as PPTs, some as dealer transfers and some out of state. If there was going to be an issue, I think it it would have showed up on the PPTs.

I would not expect a problem either.

This was just to re-emphasize that California's 'community property' law and California 'gun law' conflict with common expectations.

[freewayrandy]

Thank you all for the input.

[Tyke8319]

Good to know...