Quoted:
2 if not and bequest is made by will, what is the process once a person passes?
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One should really consult with a lawyer, particularly the one who drew up the will if one can. That lawyer may be able to provide more information on the actual bequesting/will process. Now for wall-o-text time since several statutes mention bequesting.
One can only legally receive a bequested AW if the now deceased owner had previously registered that AW with the state. In other words non preban AW's that don't have a certificate of possession likely cannot be legally transferred upon one's death.
One can, if they so choose, see the main
Chapter 943 statute page which lists most of the statutes governing assault weapons and search for the term "bequest" to see the few times (eight or so) where it's specifically stated in the statute. Generally (if I understand the laws correctly, and I could be wrong) the person or probate overseeing the will would transfer the bequested firearm in the same manor as a face to face transfer to a non spouse. If this is the case the person receiving the firearm would need one of the relevant permits/certificates to obtain firearms. Not sure what happens if it is the spouse (wife/husband), this is where talking to a lawyer is key There is similar language for bequesting declared large capacity magazines too.
The main one is the section detailing that someone who is bequested the AW has 90 days to apply for a new certificate of possession.
Sec. 53-202b. Sale or transfer of assault weapon prohibited. Exemptions. Olympic pistols. Regulations. Class C felony. (b) The provisions of subsection (a) of this section shall not apply to:
(3) The transfer of an assault weapon for which a certificate of possession has been issued under section 53-202d, 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;
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.(b) (1) No assault weapon, as defined in subparagraph (A) of subdivision (1) of section 53-202a, possessed pursuant to a certificate of possession issued under this section may be sold or transferred on or after January 1, 1994, to any person within this state other than to a licensed gun dealer, as defined in subsection (f) of section 53-202f, 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.
(2) No assault weapon, as defined in any provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a, possessed pursuant to a certificate of possession issued under this section may be sold or transferred on or after April 5, 2013, to any person within this state other than to a licensed gun dealer, as defined in subsection (f) of section 53-202f, 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.
(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.
Sec. 53-202w. Large capacity magazines. Definitions. Sale, transfer or possession prohibited. Exceptions.(f) Subsection (b) of this section shall not prohibit:
(1) The transfer of a large capacity magazine, the possession of which has been declared to the Department of Emergency Services and Public Protection pursuant to section 53-202x, 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;
Sec. 53-202l. Armor piercing and incendiary .50 caliber ammunition: Definition. Sale or transfer prohibited. Class D felony.(d) The provisions of subsections (b) and (c) of this section shall not apply to the following:
(4) The transfer of such ammunition 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 such ammunition.