The Law Office of Gregory I Becker

How do you handle firearm transfers in California Trusts and Estates?

What do you do when a Trustee calls you and says they opened the safe and found decedent’s firearms? Do they immediately close the safe? Call the Police? Take the weapons to the police department? Give them to heirs? Does it matter if it is an antique firearm or replica…if they can tell the difference?

Transporting Firearms can lead to misdemeanor possession in certain situations. Fortunately, there is an intra-family transfer exemption that exists for those transporting firearms in order to comply with bequests, gifts, devises. This exemption is often a challenge to comply with and may lead to violations depending on a wide variety of circumstances.

As such, when my clients deal with firearms I feel the safest way to address them is through the hiring of a Federal Firearms Licensee licensed in California to deal in firearms.

What if the intended beneficiary is a restricted person which includes minors, mentally incapacitated or persons convicted of a felony or certain misdemeanors. Here, the beneficiary may retain title for up to one year to transfer or liquidate it, but cannot take possession of it.