California Assault Weapon Question.....

[msmp5]

I had this asked of me recently, by a friend who lives in California; I didn't know the answer, and was hoping one of you smart folks knows, or has a link to the appropriate info:

When the owner of a legal California Registered Assault Weapon dies, can the executor of his estate (wife, in this case) take possession of it for the purpose of selling or transferring it out of state, or selling/transferring it to a California Firearms Dealer who has a state DOJ issued Assault Weapon Permit? Any links to cites or regulations or pertinent information greatly appreciated. (I did peruse the CA AG Bureau of Firearms website, but did not find the answer, and the link to their FAQ's was broken.)

 

[Twiki357]

You will probably get the quistic and correct answer here at the CalGuns forum.

http://www.calguns.net/calgunforum/index.php

 

[Librarian]

Yes, an executor may do that.

PC 30915 -

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.

and 30655

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.

30600, mentioned in 30655, is the "penalties for doing things with 'assault weapons' "section.

 

[msmp5]

Thank you Librarian, that is exactly what I was trying to find.

 

[ChaoSS]

When you have a question about California law, you may just as well ask Librarian. He's a mod over at Calguns forum, and I'm pretty sure he's the librarian of the California Penal Code....

 

[50 Shooter]

You should've said that if it wasn't for a few people like Librarian, Calguns would just be a fanboy site!