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So at my age I am thinking more about how any new legislation will affect my ability to pass my firearms on to my two sons.
There is talk about Semi automatic bans and so called high capacity mag bans.
Some talk about future sales but those in our possession will not be affected.
But what happens after we die and my sons take possession. Will it now be considered fair game to be confiscated?
And all this talk about reigning in private sales. Will that affect our ability to pass on our guns to our kids.
Details matter and any new legislation needs to be dissected to see how it will affect these
 

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This is why we dont have a registration in Texas. You have gun now, kids have gun after you pass, and nobody will know.
 

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They can’t take what they don’t know about. That’s why there are so many old, unregistered machine guns sitting beneath beds and up in attics. What Uncle Sam doesn’t know about, won’t hurt him.
 

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Unless your state currently has gun registration, if any transfer of a firearm required an FFL transfer starting tomorrow, who or what's to say you didn't give your guns to your kids yesterday? Even if you bought one through an FFL the day before, if personal transfer was legal, they have to prove you didn't "gift" it to them yesterday. Maybe--for the grand kids sake--your kids chose to store "their" guns at your home. Nothing dubious there. I have a safe full of my son's guns because he has no other practical place of storage.
 

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As of now, I don't see any issues with passing down my firearms or normal capacity magazines. Should legislation arise, like universal gun registration, there will be time before it becomes effective allowing for disposition of the firearms prior to the laws going into effect. I'll decide when and if such circumstances arise what to do with my passdown guns. Otherwise, my guns will be dispositioned in accordance with my will.

As others have said, what the government doesn't know they don't know. I'm not going provide them any more than what is mandated by law.
@OldVet
Even if you bought one through an FFL the day before
Wouldn't that likely be viewed as a straw purchase?
 
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According to federal regulations, transfer by means of a bequest (a will) requires no notification to anyone, or to any federal agency.
This regulation "crosses state lines."

My wife, Jean, inherited a pistol from her dance mentor. Legally speaking, at the moment of the bequestor's death, the pistol became Jean's.
We received it via FedEx, California to Washington, directly and without the "blessings" of any federal licensee.
This is because it is federally legal to ship any legally-owned firearm, from yourself at any address, to yourself at any address.

If you absolutely need it, I can quote "chapter and verse." But not today: We're a little too busy today.
 

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So at my age I am thinking more about how any new legislation will affect my ability to pass my firearms on to my two sons.
There is talk about Semi automatic bans and so called high capacity mag bans.
Some talk about future sales but those in our possession will not be affected.
But what happens after we die and my sons take possession. Will it now be considered fair game to be confiscated?
And all this talk about reigning in private sales. Will that affect our ability to pass on our guns to our kids.
Details matter and any new legislation needs to be dissected to see how it will affect these
No way to know what future legislation will contain. There are lot's of possibilities, but I see four main categories:

1. Items that are grandfathered can be sold, passed down, etc. just like any other item. This has historically been the case: e.g. the 1994 Assault Weapon Ban. Those "assault" weapons and normal capacity mags could be bought and sold just like any other firearm or magazine.

2. Items that are grandfathered will be closely tracked and any transfers must go through gov't approval to transfer them. This is how it works for NFA items. Which is why it is a good idea to use an NFA trust.

3. Items that are grandfathered cannot be transferred - at all. This is where those on the left not currently calling for confiscation are heading. That way they can still say "We don't want to take away your weapons"

4. Items may not be grandfathered and have to be destroyed or forced to sell to the government. CA forced turn in of mags w/o compensation and I think that is still pending in the courts. In this case, the issue with heirs is moot.

Before we just fighting against #1, now they re going all the way to #4.

Regarding the use of an NFA trust as mentioned above - you can also create a trust for ALL your weapons. If you have concerns about what happens with your weapons when you pass, this is probably the best way to safeguard that transition. There is no guarantee how any particular legislation will recognize a trust, but it is a legal entity that can safeguard ownership.
 

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Wouldn't that likely be viewed as a straw purchase?
Doubtful. They wouldnt be able to prove he didnt buy it for himself. Even if they did it wouldnt matter because he wouldnt be alive to be charged with a crime. You can legally purchase guns for other people as gifts anyway. You have to be pretty dumb to get convicted for a straw purchase.
 

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You should carefully provide for the disposition of your firearms, related items, and all assets/possessions in a will. That will mean that you do not have to transfer the guns. They will be inherited not transferred. While that is a technicality, remember the law is always based upon technicalities like the common meaning of words and legal definitions.

A transfer is moving something from one person to another. Once you are dead you are no longer a person. Then estate laws go into effect. I do not think there has been much written about the interaction of estate law and firearm law. If there is I have not ever been able to find it.

However, the possible new laws are not written or passed yet, so who knows. Maybe they will regulate inherited guns. Too bad we cannot regulate the lawmakers.
 

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Doubtful. They wouldnt be able to prove he didnt buy it for himself. Even if they did it wouldnt matter because he wouldnt be alive to be charged with a crime. You can legally purchase guns for other people as gifts anyway. You have to be pretty dumb to get convicted for a straw purchase.
Good point. Yes they can be gifted. I'm still in recovery from 20 years in the Democratic People's Republic of Maryland.
 
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Good point. Yes they can be gifted. I'm still in recovery from 20 years in the Democratic People's Republic of Maryland.
Escaping was step 1!
 
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According to federal regulations, transfer by means of a bequest (a will) requires no notification to anyone, or to any federal agency.
This regulation "crosses state lines."
Yes, that is how it is generally - but it is not absolute.

To transfer NFA items to an heir, they must be held by a class 3 FFL while the heir submits their paperwork to the ATF for approval and waits the obligatory 6-9 months. In some cases (in States that don't believe in the constitution) it can be very difficult, if not impossible to transfer certain weapons.

This is regarding CA
When a registered assault weapon is included in an estate, California law requires one of the following to occur within 90 days:
  • The estate must sell it to an FFL dealer,
  • The estate must transport the weapon out of state,
  • The estate must register the weapon with the state Department of Justice, or,
  • The estate must render the weapon inoperable.
Unregistered assault weapons must be isolated from other assets in the estate and turned over to law enforcement. All related ownership documents must accompany the weapon and will be destroyed.
Plus, it seem CA only allows firearms to be bequeathed to immediate family members. https://absolutetrustcounsel.com/california-regulates-the-inheritance-of-guns/

So, yes, today you can simply leave a firearm to someone in your will - today. But, do not underestimate those against the constitution. They are calling for confiscation now. It won't happen, but what might happen is a new ban with a grandfather clause. But, perhaps that clause only applies to the current owner?
 

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Canada has an unusual approach to "prohibited firearms"
You could be grandfathered in with a license to own Prohibited firearms
People with the grandfathered license can trade and sell prohibited firearms among themselves as long as they maintain their license and continuously own one prohibited firearm of the same class.
No new licenses for prohibited firearms can be obtained, but there's an exception to own prohibited firearms if "the individual is the child, grandchild, brother, sister or spouse of the lawful owner"
This is particularly offensive because it creates a firearm class system of the haves and have-nots based entirely on what their parents did prior to 1998.
The haves found a way to keep firearms while denying firearms to the rest of the subjects.
 

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Yes, that is how it is generally - but it is not absolute.

To transfer NFA items to an heir, they must be held by a class 3 FFL while the heir submits their paperwork to the ATF for approval and waits the obligatory 6-9 months. In some cases (in States that don't believe in the constitution) it can be very difficult, if not impossible to transfer certain weapons...
I did not consider discussing NFA/Class 3 firearms because they have become so rare and expensive.
Anybody here got one? (I bet not.)
But your point is good, and useful.


This is regarding CA...[California Bequest Information]...Plus, it seem CA only allows firearms to be bequeathed to immediate family members...
California can make laws that say that bequests have to go to family, and maybe even that bequests have to stay in California, but that doesn't trump (pun intended) federal law regarding out-of-state shipment to legatees.
California can say whatever it wants, but will find it damned hard to stop federally-legal bequest transfers to federally-legally-entitled, out-of-state residents.
 

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I did not consider discussing NFA/Class 3 firearms because they have become so rare and expensive.
Anybody here got one? (I bet not.)
But your point is good, and useful.
I've seen numerous posts on these forums from people who have NFA items. While automatics are beyond the financial reach of most (due to the artificial restriction on supply caused by 1986 FOPA), short barreled rifles and silencers (~1.3 million)) are not that rare. Regardless, the point I was making was to illustrate one way that legislation for a ban might be written. The current crowd of democrats have gone on record stating that the prior AWB didn't go far enough. A couple of the reasons that have been given is that 1) such weapons were grandfathered and 2) the ones that already existed could continue to be sold. Even though they've been saying for years that they don't want to take our guns, Beto has finally come out to state exactly what we have know for a long time. Therefore, it is all but a certainty that any new "ban" bills will include schemes to take those weapons. One extreme is to have a forced buy-back, but that would be politically problematic and would be hardest to get through SCOTUS. What is more likely, in my opinion, is they would include a grandfather clause ONLY for the current owner. That allows them to continue the patronizing line that they don't want to take our weapons, but still be able to tell their supporters that they will be taking them off the streets over time. And, to ensure that people comply, there would have to be a registration of said weapons exactly as is done with NFA items.
 

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My boys each shot a deer with their AR15 (and have pic) when they were 7 & 8 years old, now 7 years ago.
Is it (currently) illegal for a 15 year old to possess (own) a 15 round Glock magazine or a 30 round AR magazine - just a mag? (I doubt it)
My boys already "own" / "possess" these items, their gun stuff is stored for safe keeping in my (our) safe.
 

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...The current crowd of democrats have gone on record stating that the prior AWB didn't go far enough...Beto has finally come out to state exactly what we have know for a long time. Therefore, it is all but a certainty that any new "ban" bills will include schemes to take those weapons...
If any Democrat gets into the Presidency, it'll be our collective fault.
Right now, we've got 'em on the run.

Work to get out the vote, and to deny illegals the vote, to debunk the Progressive point of view, and to press the point that, with even a crass loudmouth as President, his Republican leadership has given the US jobs, an improved economy, a useful attempt at cessation of illegal entry, and a better trade arrangement with Mexico and Canada.
He's even had a useful effect upon our relations with North Korea.
 
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