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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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I live in CA and recently consented to act as the trustee

Customer Question

I live in CA and recently consented to act as the trustee for a living trust. The second of the founders has died, and the trust is now irrevocable. In a schedule within the trust, the decedent left some personal property to a friend, and among the property he stated "all my firearms shall be distributed to" and named the friend. There is a pellet gun, a small .25 caliber handgun, a larger 357 mag handgun, and two .22 long rifles. I am confused about whether these firearms can be distributed to the beneficiary, due to California's strict laws--which are confusing to me. Can you help?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Generally speaking guns should be in a separate gun trust. In this case they CAN be transferred, but only if the friend passes the national check. You would need to contact a gun seller or gun dealer in the area, have him run a check against the other party, and pay him for transaction of transferring firearms from the trust to this friend. But you cannot simply distribute the firearms, they have to be passed via a gun registry check and via a gun dealer in the area who can act as middleman for this exchange.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Can you direct me to an official resource online that shows this information? I keep seeing a lot of contradictory information.
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

Absolutely. Please follow the link to the California Attorney General's office which can help explain your question and provide guidance in an official capacity:

https://oag.ca.gov/firearms/pubfaqs

Sincerely,

Dimitry, Esq.

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