California Gun Inheritance Laws: A Summary
While enshrined in the Second Amendment of our Constitution, with the many tragic events occurring very recently, it is no wonder that gun regulations are beginning to make their way into every facet that they can. One of those ways that many may not have thought of in the past is the subject of gun inheritances. Many families pass down family collections, antique firearms or simply what they happen to own. This coupled with the fact that, according to the results of a study published in the Washington Post, “There are more guns than people in the United States.” means that the subject of gun inheritance was likely an inevitability.
Below, we have provided a summary of what the firearm inheritance laws currently say in California. This will vary from state to state. However, please keep in mind that while this is a sensitive topic, this article does not advocate for or against gun ownership, but merely seeks to be a guide when it comes to passing on firearms legally in California.
If you inherit a firearm in California, by law, you are required to register the transfer of ownership, or in some cases, dispose of the firearm entirely. The rules regarding that transfer, however, depend on your relationship to the testator (the maker of the document, such as a trust, bequeathing, or gifting, the firearm) as well as the type of firearm being gifted.
As an example, normally the transfer of firearm ownership is handled by a Federal Firearm Licensed (FFL) dealer. The gun will be held by the dealer during a mandatory 10-day waiting period as the parties are required to complete a Dealer’s Record of Sale (DROS). During this time, a background check is initiated with the state Department of Justice. Also, firearm purchasers are required to secure a Firearm Safety Certificate before taking possession of the firearm.
However, those rules do not apply to the transfer of a firearm by gift, bequest, intestate succession (receiving property through probate where there is no will), or other means if the following requirements are met:
The testator is a California resident;
The person receiving the firearm is 18 years of age or older;
The transfer is “infrequent” (here meaning as less than six (6) transactions per year or for firearms not handguns, occasional and without regularity);
The transfer is between immediate family members (parent and child, grandparent to grandchild, or between spouses);
Before taking possession of the firearm, the new owner completes a firearm safety course and receives a Firearm Safety Certificate. However, where the new owner is taking possession of a handgun, an existing unexpired handgun safety certificate may be used;
Within 30 days of taking possession of the firearm, the new owner provides the California Department of Justice with a completed Intrafamilial Firearm Transaction report; and,
The weapon being transferred is not an assault weapon.
When a registered assault weapon is included in an estate, California law requires one of the following to occur within 90 days:
The estate must sell it to an FFL dealer;
The estate must transport the weapon out of state;
The estate must register the weapon with the Department of Justice; or,
The estate must render the weapon inoperable.
Unregistered assault weapons must be isolated from other assets in the estate and be turned over to law enforcement. All related ownership documents must accompany the weapon and will be destroyed.
To read more and learn exactly what California considered to be an “assault weapon”, you can read the regulation definition on California’s Department of Justice’s website.
All other transactions - whether by gift, bequest, intestate succession, or other means - must be conducted through an FFL dealer. For example, firearms inherited by a resident of another state who is not an immediate family member, must be turned over to an FFL dealer for processing (waiting period/ background checks/registration). Additionally, beneficiaries who are not immediate family members may not take possession of an inherited firearm out of state and bring it to California. That weapon would need to be turned over to an FFL dealer in accordance with the law.
As you can see, there are a lot of different aspects to keep track of when it comes to firearms and inheritances, whether it be by trust, will or intestate succession. If you have any questions regarding properly setting up your estate plan so as to take all of these aspects into account,, please feel free to contact us here or call us at 909-307-6282.
