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Posted: 2/16/2024 9:09:14 PM EDT
Can a previously registered AW be transferred to an heir instate through a will
Thanks in advance
Link Posted: 2/16/2024 9:34:20 PM EDT
[#1]
I think this may the only way to transfer one, but I am not an attorney.  Very interested to know the answer to this as well.
Link Posted: 2/16/2024 10:10:44 PM EDT
[#2]
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Originally Posted By Ctgunner:
I think this may the only way to transfer one, but I am not an attorney.  Very interested to know the answer to this as well.
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It was allowed previously under the most recent awb however a member here was not allowed to register his father's aw . Maybe he will chime in. Another  guy was saying they could not be transferred under our latest awb law . I just figured I would ask here ....I believe that they are still transferable through will ( to person specifically named in will ) but I figured I would ask anyways
Link Posted: 2/17/2024 11:52:09 AM EDT
[Last Edit: sbhaven] [#3]
Yes a registered assault weapon with a certificate of possession can be transferred; "by bequest or intestate succession, or, upon the death of a testator or settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible to possess the assault weapon". The person receiving the firearm in such a fashion has to apply to SLFU/DESPP for a AW certificate of possession within 90 days. I assume the person receiving the firearm would have to have a valid CT pistol permit, pistol eligibility certificate or long gun purchase certificate in order to take possession of the firearm (or handgun). Apparently probate in CT is a real bitch and where people typically have problems.

See PA 23-53 and search through the document for "bequest" and one will find 5 instances where it's mentioned including the newly added 2023 assault weapon section on page 61 of the PDF.
(3) No 2023 assault weapon possessed pursuant to a certificate of possession issued under this section may be sold or transferred on or after the effective date of this section, to any person within this state other than to a licensed gun dealer, or as provided in section 53-202e, or by bequest or intestate succession, or, upon the death of a testator or settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible to possess the assault weapon.
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Sec. 53-202d. Certificate of possession of assault weapon. Certificate of transfer of assault weapon to gun dealer. Circumstances where possession of assault weapon authorized.
(c) Any person who obtains title to an assault weapon for which a certificate of possession has been issued under this section by bequest or intestate succession shall, within ninety days of obtaining title, apply to the Department of Emergency Services and Public Protection for a certificate of possession as provided in subsection (a) of this section, render the assault weapon permanently inoperable, sell the assault weapon to a licensed gun dealer or remove the assault weapon from the state.
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Link Posted: 2/17/2024 12:13:08 PM EDT
[#4]
When my pappy died Deidre said I needed the paperwork from the probate to register it and it wasn't listed on it because it was a $200 gun and I wasn't going to pay to fight for it.

I was going to sell it to mad pig but he sure how It work with the probate thing.

And for whatever reason the probate judge was asking about where it was so I turned it into the police station in Milford.

They called me later asking for permission to destroy it because it wasn't registered and I said no I want to sell it for my mom and they said it wasn't registered even though I was looking at the notarized registration. So I just ignored them.

So it wasn't in the will. Personally I would recommend it goes into the will or you at least file it in the probate Court so you have paperwork to put it in your name
Link Posted: 2/17/2024 12:49:40 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By sbhaven:
Yes a registered assault weapon with a certificate of possession can be transferred; "by bequest or intestate succession, or, upon the death of a testator or settlor: (A) To a trust, or (B) from a trust to a beneficiary who is eligible to possess the assault weapon". The person receiving the firearm in such a fashion has to apply to SLFU/DESPP for a AW certificate of possession within 90 days. I assume the person receiving the firearm would have to have a valid CT pistol permit, pistol eligibility certificate or long gun purchase certificate in order to take possession of the firearm (or handgun). Apparently probate in CT is a real bitch and where people typically have problems.

See PA 23-53 and search through the document for "bequest" and one will find 5 instances where it's mentioned including the newly added 2023 assault weapon section on page 61 of the PDF.

Sec. 53-202d. Certificate of possession of assault weapon. Certificate of transfer of assault weapon to gun dealer. Circumstances where possession of assault weapon authorized.
View Quote


Probate gets interesting because they have broad discretion..........you could fight them and win but at what cost? I plan to move in a few short years and go live with my people in the mountains. Ct's probate is a money making scheme - fuck all of them!
Link Posted: 2/18/2024 7:06:24 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By nutter:
Probate gets interesting because they have broad discretion..........you could fight them and win but at what cost? I plan to move in a few short years and go live with my people in the mountains. Ct's probate is a money making scheme - fuck all of them!
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Yep have heard numerous horror stories of people having probate issues. Best to make sure to have a detailed will spelling out exactly who you want your firearms, magazines and accessories to go to if you have kids/relatives you want those firearms to go to. Don't just say; "oh well the wife (or husband) can transfer them when I'm dead". If you have a will, review and amend it as needed to avoid probate issues.
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