This question came up in a discussion.

Assuming that I own several weapons that fall under the Assault Weapon definition of the 1994 Act, what happens to them upon my death?

I own the weapons legally, they are legal to own in my state (Florida) and my will states that possession of them would transfer to my adult children (also in Florida).

It was mentioned that a defined AW would be required to be turned over to the Federal government upon the owner's death even in the presence of a will showing transfer to another individual.

Is this true?  Or are the AWs treated just like any other part of the estate?  What if there is no will?

Moe

If they are not class III then I do not see any problems.

Is it legal for you to sell them private party now?

Whoever told you that the federal government seizes your legally owned assault weapons when you die is a dumbass.  There is nothing in federal law that requires your legally owned prebans be turned over at your death.  As far as federal law is concerned, your guns are treated like like any other valuable property at your death.

Dealer sample NFA weapons are different as are post-ban LEO only assault weapons.  There are also laws regarding the method by which you (or your estate) can physically transfer the weapons to your heir, but basicly they're just like any other property.

There are no NFA weapons in my particular case and, yes, it's legal to sell them in private party sales here.

One of the individuals in the conversation is a recent CA transplant to Florida.  The question was raised because apparently in CA, either the state or the Feds take possession of AWs upon the owner's death.  Seems they cannot be transferred to a new owner, which would lead me to assume that it's a state requirement in CA.  Can anybody from CA verify this?

I didn't think there was anything in the federal AW Act requiring transfer to the feds after an owners death.  

Moe

im not in Ca anymore but i can veryfie that in Ca once you croak and if u own any AW they must be disposed of out of state or they get destroyed/confiscated. i know this becouse i friend of the family lived in Ca and died last year and had state registered aw and we had to have em shipped to a FFL here.

Cyrax is correct on CaliBan law, they have to leave the state or be turned over to the state's authorities after the death of the registered owner, unless they were listed as jointly owned.

Peoples republic of NJ says you can't inherit, transfer etc an AW. If it wasn't for family living here......

[b]"Assault Weapon Ownership After Death[/b]

I think St. Peter makes you check them at the gates of heaven. [0:)]