How best to ensure registered aw’s will ultimately be passed to a presently minor son? He’s 17, so god willing it’ll be a non issue in a few years, but curious what would happen if i were to pass and the heir isn’t old enough to be eligible for a permit? Also, what kind of detail is required in the will/similar appropriate documents- S/N descriptions etc or just something like “all firearms” ? I have a friend outside of CT I could stipulate hold them until of age, but I assume they wouldn’t be able to be legally transferred back to my son.
Over on reddit we’ve had someone ask similar question, here is a link.
Whenever it comes to estate planning I think nothing beats an actual lawyer to help you with this.
Found this when searching on a lawers website (not sure how accurate) but to paint a picture:
An executor of an estate that includes a registered assault weapon (i.e. an assault weapon that was owned and registered prior to the assault weapon ban that went into effect in 2013) may sell, transfer, and possess the weapon at places specified by law or as the probate court authorizes. Assault weapons may also be transferred by bequest or intestate succession to a trust or from a trust to a beneficiary who is eligible to possess them. Any individual that inherits a registered assault weapon has 90 days to apply to register it anew, sell it to a gun dealer, permanently disable it, or transport it out of state.
Note it states 2013, but I would think it still applies to the 2023 ban as well.
There is a carveout/exemption in the AW statutes covering transferring a registered AW to someone else by bequest or intestate succession. Probably best to talk to a lawyer, particularly the one doing your will/estate documents. The person receiving the AW by bequest or instate succession would need to register it as an AW under their name. And it is likely the person receiving the firearm would need at least a long gun certificate or a pistol permit or pistol eligiblity certificate. And if the person is under 21 that possibly presents another issue since one isn’t supposed to transfer a semiautomatic centerfire rifle capable of accepting or holding more than 5 rounds of ammunition. Couple of statutes relevant:
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.
(3) No 2023 assault weapon possessed pursuant to a certificate of possession issued under this section may be sold or transferred on or after June 6, 2023, 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.
(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. 29-37a. Sale, delivery or transfer of long guns. Procedure. Penalty.
(b) (1) Except as provided in subdivision (2) of this subsection, no person, firm or corporation may sell, deliver or otherwise transfer, at retail, any long gun to any person under eighteen years of age.
(2) No person, firm or corporation may sell, deliver or otherwise transfer any semi-automatic centerfire rifle that has or accepts a magazine with a capacity exceeding five rounds to any person under twenty-one years of age. The provisions of this subdivision shall not apply to the sale, delivery or transfer of such a rifle to any person who is a member or employee of an organized local police department, the Department of Emergency Services and Public Protection or the Department of Correction or a member of the military or naval forces of this state or of the United States for use in the discharge of their duties.
(c) No person may purchase or receive any long gun unless such person holds a valid long gun eligibility certificate issued pursuant to section 29-37p, a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, a valid permit to sell firearms at retail issued pursuant to subsection (a) of section 29-28 or a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f.
1 Like
I had asked the estate planning atty, but it wasn’t an area he was familiar with. I came to the same conclusion as Havenrogue indicated, but was hoping there was another way. Wrote it up as If I pass prior to my heir being of legal age of ownership AW’s would transfer to a friend out of state to hold in trust. We both have plans to move out of CT for greener pastures in the next 2-3 years, so hopefully it won’t be an issue.
1 Like