Guy B. Meredith
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Following up on another thread here, what is the process of transfer of firearms to heirs or designated recipients upon one's death? What does my wife need to do to take ownership and transfer the firearms if I pass first?
Legal transfer at death?
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EOD Guy
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If the designated recipients are within California all she has to do is insure that the persons can legally possess firearms. Anyone receiving handguns in California must have a Basic Handgun Safety Certificate (unless exempted) and must register them with the DOJ. These transfers do not have to be processed through a dealer if the recipients are your children or grandchildren. [PC 12078 (c)]
If any of the firearms are to be transferred to out of state residents, they must be legally allowed to possess the firearms. The firearms do not have to be shipped to an FFL in the other state and can be shipped directly to the beneficiary. [27CFR 478.30(a)] There may, however, be state laws that would affect the transfer.
The procedures should be detailed in your will. You do have a will, don't you?
If any of the firearms are to be transferred to out of state residents, they must be legally allowed to possess the firearms. The firearms do not have to be shipped to an FFL in the other state and can be shipped directly to the beneficiary. [27CFR 478.30(a)] There may, however, be state laws that would affect the transfer.
The procedures should be detailed in your will. You do have a will, don't you?
In most states, firearms are part of the estate and go to the person(s) named in the will. If there is no will, they are subject to the same laws as other property.
In states with registration laws, state law may govern whether registration transfers automatically or whether the heirs must have the firearms registered in their own names. I have been told that in New York City, all registered handguns are automatically confiscated on the death of the owner, without compensation and with no prior notice. The police simply knock on the door and/or smash it down and take the gun(s).
For those having firearms registered under the NFA, there are specific rules and those are on the BATFE web site (www.atf.gov). A request for non-tax transfer (Form 5) must be filed with BATFE by the executor. Once approved, the executor can take possession of the firearm, and can then transfer it to anyone else, subject again to BATFE approval on a Form 4 ($200 tax).
Jim
In states with registration laws, state law may govern whether registration transfers automatically or whether the heirs must have the firearms registered in their own names. I have been told that in New York City, all registered handguns are automatically confiscated on the death of the owner, without compensation and with no prior notice. The police simply knock on the door and/or smash it down and take the gun(s).
For those having firearms registered under the NFA, there are specific rules and those are on the BATFE web site (www.atf.gov). A request for non-tax transfer (Form 5) must be filed with BATFE by the executor. Once approved, the executor can take possession of the firearm, and can then transfer it to anyone else, subject again to BATFE approval on a Form 4 ($200 tax).
Jim
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