If I Die - 594

[Stein]

(4) This section does not apply to:
(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents,
children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift;

(g) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner
of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws.

Both quotes are from the same section which lists the exemptions to the law.  Under a), the way I read it is that if you gift it to your wife, no background check is required for any firearm.  If you die, I don't think that is a gift any longer and section g) would apply?  If so, pistols would require a background check but not other firearms (no matter the relation)?  Also, a) doesn't seem to cover sales, you would have to give it away.

The more I read it the more I scratch my head.  If my interpretation is correct, I die and leave a rifle to anyone at all without a background check, but if I am living, I might need to perform one unless they are immediate family.  This actually makes some sense as the person transferring is the one commuting the crime, not the person receiving it.  Thus, if you die, they can't really go after you. 

If you die and leave a handgun to your wife, she would then need to notify them she is in possession within 60 days of your death or she would be a felon.

Now that I think about it, I am going to give all my guns to my wife tomorrow.  Shouldn't be too hard to document and stick a letter in the safe with our other papers and she could always go back to that letter at some point in the future as necessary.

[Griiz]

(4) This section does not apply to:
(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents,
children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift;

(g) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner
of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws.

Both quotes are from the same section which lists the exemptions to the law.  Under a), the way I read it is that if you gift it to your wife, no background check is required for any firearm.  If you die, I don't think that is a gift any longer and section g) would apply?  If so, pistols would require a background check but not other firearms (no matter the relation)?  Also, a) doesn't seem to cover sales, you would have to give it away.

The more I read it the more I scratch my head.  If my interpretation is correct, I die and leave a rifle to anyone at all without a background check, but if I am living, I might need to perform one unless they are immediate family.  This actually makes some sense as the person transferring is the one commuting the crime, not the person receiving it.  Thus, if you die, they can't really go after you. 
 
Thanks for taking the time to give your interpretation of this.

If you die and leave a handgun to your wife, she would then need to notify them she is in possession within 60 days of your death or she would be a felon.

Now that I think about it, I am going to give all my guns to my wife tomorrow.  Shouldn't be too hard to document and stick a letter in the safe with our other papers and she could always go back to that letter at some point in the future as necessary.

[fireweed]

This bill is thinking long term. My wife can say I gave my firearms to her before the bill became law if they were purchased before then. My 12 year old son can't say that because he can't legally own a gun for six more years, even though he has mowed many lawns and done other jobs and I have used his money to purchase four firearms that will legally be his some day if things don't get worse. The problem is he will have to get a background check to get his guns from me and my guns someday. At this time all the guns might be on a register which is bad news. But he has to register the guns or become a felon if caught with any gun. Our generation is OK, the next is screwed because they can't owns gun right now because of age. In the big picture it is the first step in removing guns from the people. Think a few decades out.

There is a provision in 594 for your immediate family, no background check required.  Kind of funny that you can transfer to your looney brother but not the chief of police.

That said, the family provision will someday be yet another "loophole" that needs to be closed.  Look at what they got this time around with exactly zero evidence even one life would have been saved.

I think the creators of this thing knew darn well it would have little to no short term effects and would probably not be enforced much. You can bet the family loophole is already in the works. Then gun owners pass away most survivors will most likely not even know they are committing a criminal act by hanging onto them or selling them. And wammo, we create more and more felons that can't own guns. Scary part is this is just their first steps, they will be relentless in trying to get more and more laws past that will make things worse for us.

I'm afraid our only chance is getting some honest judges to find that this doesn't go along with our state or national constitutions. I really don't have a good feeling about that either, seem these days judges rule more on what they think is right than what the actual laws say.....

I don't see how this law can pass the "only one issue per initiative" test.  There are clearly a half-dozen separate issues here: internet sales, gun shows sales, loans, gifts, inheritance, pistol vs. rifle....

[tjthebest]

(4) This section does not apply to:
(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents,
children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift;

(g) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner
of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws.

Both quotes are from the same section which lists the exemptions to the law.  Under a), the way I read it is that if you gift it to your wife, no background check is required for any firearm.  If you die, I don't think that is a gift any longer and section g) would apply?  If so, pistols would require a background check but not other firearms (no matter the relation)?  Also, a) doesn't seem to cover sales, you would have to give it away.

The more I read it the more I scratch my head.  If my interpretation is correct, I die and leave a rifle to anyone at all without a background check, but if I am living, I might need to perform one unless they are immediate family.  This actually makes some sense as the person transferring is the one commuting the crime, not the person receiving it.  Thus, if you die, they can't really go after you. 

If you die and leave a handgun to your wife, she would then need to notify them she is in possession within 60 days of your death or she would be a felon.

Now that I think about it, I am going to give all my guns to my wife tomorrow.  Shouldn't be too hard to document and stick a letter in the safe with our other papers and she could always go back to that letter at some point in the future as necessary.

If you give all your guns away right now then technically you are not allowed to use them anymore because they are not yours.

[Fl0und3rz]

I'm just going to leave this right here.

http://www.truthrevolt.org/news/buffalo-police-your-family-member-died-please-give-us-their-gun-now#.VGU1KeH7xD0.twitter

[MuleDeer]

Writing a letter for the gun safe gifting your guns to your wife isn't a bad idea.  But, put another letter in there where she gifts them back to you.  God forbid my wife dies first, but if she does, the second letter takes care of the original gifting, putting them legally back in my hands.  If I die first, well, all she has to do is burn that second letter.
Of course, this is all hypothetical, and I would never do that, because I don't own any guns anymore, but I'm just thinking outside of the box, here. 

[bigmacc]

(4) This section does not apply to:
(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents,
children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift;

(g) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner
of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws.

Both quotes are from the same section which lists the exemptions to the law.  Under a), the way I read it is that if you gift it to your wife, no background check is required for any firearm.  If you die, I don't think that is a gift any longer and section g) would apply?  If so, pistols would require a background check but not other firearms (no matter the relation)?  Also, a) doesn't seem to cover sales, you would have to give it away.

The more I read it the more I scratch my head.  If my interpretation is correct, I die and leave a rifle to anyone at all without a background check, but if I am living, I might need to perform one unless they are immediate family.  This actually makes some sense as the person transferring is the one commuting the crime, not the person receiving it.  Thus, if you die, they can't really go after you. 

If you die and leave a handgun to your wife, she would then need to notify them she is in possession within 60 days of your death or she would be a felon.

Now that I think about it, I am going to give all my guns to my wife tomorrow.  Shouldn't be too hard to document and stick a letter in the safe with our other papers and she could always go back to that letter at some point in the future as necessary.

If you give all your guns away right now then technically you are not allowed to use them anymore because they are not yours.

As far as the transfering to "immediate family members" goes, which is ok to do without any checks,I think he still would be able to use them. The "immediate family member" could just gift them back to him.....Now heres a couple more questions- can you gift a pistol to a immediate family member? and what if you received a pistol as a gift 9 or 10 years ago,I,m assuming the person who got the pistol as a gift years ago, before all this, is now the legal owner and if he wants to "transfer" it to someone OTHER than "immediate family" they would need to jump thru all the hoops to make it legal

[h2ofowlr]

Time to set up a trust!

[addicted]

They have the same thing here in germany. Many a widow takes her husbands $2000 guns to the local dealer to get rid of them for $50 a piece so she wont get arrested. 

I spent all this time overseas just to have my legs cut out from under me back home.

[iwagner]

Whats next?  Ahh, you wish to go hunting?  Great!  Fill out the proper paperwork, background check and pay your fee which allows you to transport a firearm outside of your home for recreational use.  The reasonable fee is only $295.00 for a three day permit and keeps us safe by preventing felons from carrying firearms...

Don't think that would ever happen?  Just wait.

[csaaphill]

ya no I 594 takes care of that if you die your wife or spouse has to go and do the whole 9yards before legall takeing possession even if they were transfered to her before.
Mine wont she knows better she keeps them and tells no one or I will haunt her
Or as stated they get burried with me so ....

[csaaphill]

Not that Bill Gates needs anything for Christmas, but perhaps put him in your will.  Give him a few pistols in your will.  If quite a few people do this.  He will miss a few... but it would only take a few misses to make him a felon.

too late he already is in my book 

[Stickerbush]

Dual ownership of a gun? Is this possible

[JimmyHoffa]

Dual ownership of a gun? Is this possible

a trust, I think you could put your whole family.  The catch for 594 I think is 'possession' and transfer.

[csaaphill]

Dual ownership of a gun? Is this possible

but we lose if all we do is look for clever ways to roll over.