A Legal Guide To Transfer Gun Ownership After Death In California

It is not astonishing that there are over 300 million guns are possessed by the citizens of America. In California, the possession of arms flows from generation to generation. Most of the citizens find firearms that eventually belonged to their deceased ancestors. The article entails step by step legal procedures to transfer gun ownership after death California. However, the transfer is not only limited to family members but also to trusted beneficiaries. Holding firearms without a legal affidavit or license can eventually cause trouble in the form of hefty fine or imprisonment.

Liability of transferring gun ownership

Under the National Firearms Act, anyone who possesses any kind of firearms, be it assault rifles or pistols are liable to present themselves before the court when they transfer their arms to a beneficiary, especially when they are aware of the ineligibility of the recipient to possess such ammunition. The recipient may use the arms in a crime and without any legal documentation; the law will summon the original owner of the firearms. So, the trustee must contact an attorney to safeguard themselves.

legal documentation

Steps to legally transfer the firearms

There are simple and safe steps to transfer gun ownership after death in California or during life. One of the prime steps is to contact a legal advisor with sufficient knowledge in the Firearms act. A transfer of gun ownership requires a mandatory background check of the recipient which is done by the gun dealer to confirm whether the person is eligible to possess firearms or not.

If the firearms transfer is within the family, then the procedures are simpler. The foremost requirement is that one of the family members has to undergo Federal firearms license to acquire a firearm and later on the possession is transferrable. But there are certain criteria for the transfer to occur which are stated below:

  • The beneficiary/ recipient must be above the legal age of 18 to possess a firearm.
  • A firearm safety certificate will be issued after trait checks to the recipient which makes him/her eligible to hold on to guns.
  • The transfer must be within the same immediate family.
  • The frequent transfer is not accepted.

So, transferring gun ownership from grandparents to children to grandchildren is acceptable with five transactions per the calendar year. Once the transaction crosses the threshold, the transfer will require FFL procedures to be carried out.