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Centerfire Rifles - Semiautomatic or Gas Operated Centerfire rifles, carbines and other gas operated rifles.

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  #1  
Old 12-13-2016, 7:57 AM
Dollar Dollar is offline
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Default Memo/Note/Will in Case of Death?

In case you pass away unexpectedly, has anyone wrote any kind of note, letter, memo, etc. to go along with your firearms that you may register for next year?

I was thinking about how much money would be thrown away that was spent on all the firearm accessories (scopes,stocks,triggers,uppers, etc.) if your family were to surrender you firearms if you were to die. I don't think anyone in my family would be wise enough to take apart my firearms before surrendering them in case of death. Given that the AR lower would be the actual firearm, I'm assuming that would be all that's needed to surrender.
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Old 12-13-2016, 10:13 AM
Drew Eckhardt Drew Eckhardt is offline
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Quote:
Originally Posted by Dollar View Post
In case you pass away unexpectedly, has anyone wrote any kind of note, letter, memo, etc. to go along with your firearms that you may register for next year?

I was thinking about how much money would be thrown away that was spent on all the firearm accessories (scopes,stocks,triggers,uppers, etc.) if your family were to surrender you firearms if you were to die. I don't think anyone in my family would be wise enough to take apart my firearms before surrendering them in case of death. Given that the AR lower would be the actual firearm, I'm assuming that would be all that's needed to surrender.
Why would they surrender your registered assault weapons instead of transferring them to heirs in another state or selling them?

CA penal code
Quote:
30655. (a) Section 30600 shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) or that was possessed pursuant to subdivision (a) of Section 30630 that is disposed of as authorized by the probate court, if the disposition is otherwise permitted by this chapter.

(b) Sections 30605 and 30610 shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) or that was possessed pursuant to subdivision (a) of Section 30630, if the assault weapon or .50 BMG rifle is possessed at a place set forth in subdivision (a) of Section 30945 or as authorized by the probate court.
where 30600 is transport, sale, and offering for sale; and 30605 possession.

You can also jointly register with your spouse so possession remains legal for them after your death.

Last edited by Drew Eckhardt; 12-13-2016 at 11:04 AM..
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  #3  
Old 12-13-2016, 10:30 AM
Christopher761 Christopher761 is offline
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First: don't die.

Next: When your kids get old enough teach them firearm safety, and teach them how to comply with the laws, including taking them apart after you die.

If your "family" is parents, or siblings, that do not know how to do these things, then you should have a friend setup to be your trustee that will handle your estate. If you are referring to your spouse, then I guess you would have to know if your spouse is capable of handling firearms.

Simply turning them into the police because they don't know what they are doing would be a waste.
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Old 12-13-2016, 10:41 AM
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I told my wife this morning to bury me with my rifle.

She said "heck no, we need it, we're keeping it, that would be a waste."

I said "But I have extras." She didn't seem to care.

Can a Calgunner please verify for me before they close the casket? Thank you.


More on topic: I have a list of what to do, who to give to, prices of items to sell. Hopefully that will help my heirs. Of course it's a simple list and prices to make it move fast. Register? What's that bolshetty?
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Old 12-13-2016, 11:43 AM
m850168 m850168 is offline
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Two options:

1) Find an estate planning attorney that is aware of these issues. There are not a bunch of them, but they exist. CA generally regulates possession of guns, not ownership, and it's entirely possible that taking possession of the rifles in order to sell them could create legal issues for the person handling your estate if they are not clear on the law.

2) Find an FFL you trust and instruct your family or administrator of your estate to have the FFL come and pick them up, and sell them on your behalf, so the estate administrator or family member never takes possession.

Remember that the "firearm" is typically only one component, e.g. on the AR it is the lower receiver - all other components can usually be sold without issues.
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Old 12-13-2016, 12:21 PM
angrybell angrybell is offline
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Quote:
Originally Posted by m850168 View Post
Two options:

1) Find an estate planning attorney that is aware of these issues. There are not a bunch of them, but they exist. CA generally regulates possession of guns, not ownership, and it's entirely possible that taking possession of the rifles in order to sell them could create legal issues for the person handling your estate if they are not clear on the law.

2) Find an FFL you trust and instruct your family or administrator of your estate to have the FFL come and pick them up, and sell them on your behalf, so the estate administrator or family member never takes possession.

Remember that the "firearm" is typically only one component, e.g. on the AR it is the lower receiver - all other components can usually be sold without issues.


While I totally agree with the recommendation to see a lawyer, as a stop gap until you might want to consider a form will or holographic. That way if you drop dead before you meet with the lawyer or before they finish, your heirs and executor(s) have some instructions.

And now I have to say, this answer should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to and this is not intended to create an attorney-client relationship and nothing posted constitutes legal advice.


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Old 12-13-2016, 12:27 PM
951temec 951temec is offline
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Quote:
Originally Posted by Christopher761 View Post
Simply turning them into the police because they don't know what they are doing would be a waste.
most people don't care about guns. to the point where they don't even have the attention span to learn how to take apart a rifle.

my 27 year old brother wouldn't give a damn about what an upper is worth or what a scope is worth he would be scared to even touch it and hand everything firearm related to the police if he were in charge of my estate.

he'd probably hand any petty cash in my gun safe to them as well since that's how most people operate
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