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Gun ownership case. I need help PLEASE!

 
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  #1  
Old 01-10-2012, 03:44 PM
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Join Date: Feb 2004
Location: Wyoming
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Gun ownership case. I need help PLEASE!

I will try to make this story short and to the point.

My wife was married to a real POS guy before me. While they were married, he apparently could not pass a back ground check so he forced my wife into buying the guns for him. Yes forced, or else get beat down was her fear.

Well since her divorce he got remarried. He and his new wife recently got in a huge fight and she actually shot a warning shot into the wall to scare him away from her. The new wife called me later to see if I could come get the guns that are in my wifes name (not used in the shooting, that was her own pistol). Her reason being that she could not trust him having guns in her home and that she was afraid that if he committed a crime with these guns that my wife could be held responsible so it would be better if my wife had the guns that are actually legally hers. So I went and got the guns for my wife. A Browning rifle and a Browning Semi-auto shotgun. I locked them up in a gun safe and there they sit.

Now the POS and his wife are going through hearings and divorce and who knows what else. Now it has came up that he wants the guns back. I don't blame him at all but I need to know what to do. I feel like I dont want guns out there in a very irresponsible and violent persons hands that are in my wifes name. If he is a fellon (which is why supposedly he couldnt pass the back ground check but now it is in question if he actually is a fellon) he cant own guns right? So we are at a standstill here.

I will be clear. I dont want the guns, nor to have anything to do with the guns. They are from my wifes past that frankly makes me sick to even think about. I dont care if he has the guns, I just dont want them linked to my wife. So what do we do to get them out of my wifes name? If he gets someone else (like his Mom) to sign for them and say he is a fellon, then are we at risk knowingly selling the guns per say to someone for a fellon to use?

Thing is in my wifes divorce decree it states that he was awarded the guns. It was drawn up in the papers by her lawyer that the judge signed but it was never investigated rather he could actually posses the guns. It was just put in there because she didnt want them and considered them his anyways. No paper work was ever done putting them in his name.

What would you guys do???
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  #2  
Old 01-10-2012, 03:56 PM
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Location: Blackfoot, Idaho
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Re: Gun ownership case. I need help PLEASE!

Wyoming, eh?

I'm in an Idaho small town. Wonder if there are any similarities in culture?

Hmmmm, Things could get long and drawn out. A real PITA but most probably not more than that.

An investigation would not have resulted in him being awarded the guns. Smells of strawman thing.

Note this is entirely opinion, really.

I'd go get 'em, or go with current wife to get them. They are assigned to her.

She can then do what you two decide.

Again only one old geezer's opinion.

PS: A warning shot. What's with that?? Better have a talk with that girl, too.
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  #3  
Old 01-10-2012, 04:02 PM
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Re: Gun ownership case. I need help PLEASE!

Quote:
Originally Posted by Sako7STW View Post
I will try to make this story short and to the point.

My wife was married to a real POS guy before me. While they were married, he apparently could not pass a back ground check so he forced my wife into buying the guns for him. Yes forced, or else get beat down was her fear.

Well since her divorce he got remarried. He and his new wife recently got in a huge fight and she actually shot a warning shot into the wall to scare him away from her. The new wife called me later to see if I could come get the guns that are in my wifes name (not used in the shooting, that was her own pistol). Her reason being that she could not trust him having guns in her home and that she was afraid that if he committed a crime with these guns that my wife could be held responsible so it would be better if my wife had the guns that are actually legally hers. So I went and got the guns for my wife. A Browning rifle and a Browning Semi-auto shotgun. I locked them up in a gun safe and there they sit.

Now the POS and his wife are going through hearings and divorce and who knows what else. Now it has came up that he wants the guns back. I don't blame him at all but I need to know what to do. I feel like I dont want guns out there in a very irresponsible and violent persons hands that are in my wifes name. If he is a fellon (which is why supposedly he couldnt pass the back ground check but now it is in question if he actually is a fellon) he cant own guns right? So we are at a standstill here.

I will be clear. I dont want the guns, nor to have anything to do with the guns. They are from my wifes past that frankly makes me sick to even think about. I dont care if he has the guns, I just dont want them linked to my wife. So what do we do to get them out of my wifes name? If he gets someone else (like his Mom) to sign for them and say he is a fellon, then are we at risk knowingly selling the guns per say to someone for a fellon to use?

Thing is in my wifes divorce decree it states that he was awarded the guns. It was drawn up in the papers by her lawyer that the judge signed but it was never investigated rather he could actually posses the guns. It was just put in there because she didnt want them and considered them his anyways. No paper work was ever done putting them in his name.

What would you guys do???
No way would I in any way be associated with handing the guns back over to a man like that who is very likely to eventually use them in a crime.

You could in fact find yourself at least civilly if not criminally liable if you do or at least on trial for same and at a huge expense even if you are found not guilty/responsible.

Even without any legal liability you'd have to deal with the guilt of knowing you were responsible for putting those weapons into his hands.

Further if he's been charged and/or convicted of spousal abuse or any felony crime it is a felony for him to possess firearms and a felony to provide them to him.
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  #4  
Old 01-10-2012, 04:15 PM
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Re: Gun ownership case. I need help PLEASE!

I would call him and and say he can have them back but you want them transferred to his name by an FFL. Then have your wife give you a special power of attourney to handle these guns. That way she doesnt have to deal with it and you are legally entitled to handle the issue. Then if a crime involving the guns ever happens you and your wife are in no way involved, if he cant pass the background check then I guess that means they are yours, you can sell them on his behalf and give him the money or keep the money yourself. I am sure the FFl holder that is doing the paper would be willing to buy the guns right there then he can give the guy the money himself. I see that as being the safest way. I live in wyoming and my understanding of our laws this would all be the best way to go.
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  #5  
Old 01-10-2012, 04:16 PM
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Re: Gun ownership case. I need help PLEASE!

Warning Shot = Poor trigger control or improper lead. Better luck next time!
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  #6  
Old 01-10-2012, 04:25 PM
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Join Date: Jan 2007
Location: Fairfax County, Va
Posts: 699
Re: Gun ownership case. I need help PLEASE!

Not sure about Wyoming, but it is probably close to Virginia. When I purchase a gun, long or short, the ONLY record there is, is the FFL dealer keeps it in his files.
The ONLY time anyone else sees those records is if there is a court order signed by a judge, or the dealer goes out of business and his records go to the BATF.
The gun can then change hands a dozen times within my/your state and there is NO record, unless you keep a personal record, which you should for your own protection.
But that being said, and you really want the guns out of your house, if I was in your situation, I would call the local/county police/sheriff, explain the situation to them and then turn the guns over to them, and the tell the guy where his guns are and then he can go get them from the police, if they give them back to him it is now there problem.
If you do turn them over to the police make sure you get a receipt with the serial numbers on it.

I am NOT a lawyer so this is just my opinion!

GOOD LUCK

Dave
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  #7  
Old 01-10-2012, 04:30 PM
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Posts: 41
Re: Gun ownership case. I need help PLEASE!

Sell them and give him the cash.
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