Gun ownership case. I need help PLEASE!

Discussion in 'Long Range Hunting & Shooting' started by Sako7STW, Jan 10, 2012.

  1. Sako7STW

    Sako7STW Well-Known Member

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    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???
     
  2. royinidaho

    royinidaho Writers Guild

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    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.:)
     

  3. WildRose

    WildRose Well-Known Member

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    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.
     
  4. Tikkamike

    Tikkamike Well-Known Member

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    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.
     
  5. Kevin Thomas

    Kevin Thomas Well-Known Member

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    Warning Shot = Poor trigger control or improper lead. Better luck next time!
     
  6. dirtball

    dirtball Well-Known Member

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    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
     
  7. brentdrake

    brentdrake Active Member

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    Sell them and give him the cash.
     
  8. Tikkamike

    Tikkamike Well-Known Member

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    Not a bad option, although I hate turning a gun over to the cops and ABSOLUTLY get detailed recipts with signatures and keep them in your safe!
     
  9. pyroducksx3

    pyroducksx3 Well-Known Member

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    Maybe turn them into the local police dept. Tell them the situation, you have these guns they are not yours and if he wants them the police can clear him before they hand them over, then it's on them they have to record everything the serial #s and record who took possession of the firearms. Its worth a call.
     
  10. IdahoCTD

    IdahoCTD Well-Known Member

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    Probably the safest way is to either transfer ownership through a FFL or to sell them and give him the money. If he has a record and isn't suppose to own a gun and you give them to him your just as guilty as his is for having it. If he can't pass a background check then sell them and keep a receipt/bill of sale. That way your free and clear of any liability.
     
  11. BH107

    BH107 Well-Known Member

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    I would talk to a lawyer or the DA's office before you do anything.
     
  12. shortpants

    shortpants Well-Known Member

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    You need to contact a lawyer who knows the laws in your area regarding this matter period! Nothing against the great people on this site but opinions are not going to take the liability out of your wides hands. You don't want to guess if you handled this right you want to know you did and have it in writing!!!
    If his current wife has to shoot at him to get him to back down I'd say it's a no-brainer he should never possess a weapon of any kind!
    Good luck!
     
  13. WildRose

    WildRose Well-Known Member

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    Correct.

    If the guns are ever used in a crime the police will work the serial numbers backwards to the original purchaser which is this guys wife.

    At that time either she has to admit to having made straw purchases (a felony) and putting the guns in the hands of a convicted felon (another felony) or she has to lie (perjury) and tell the cops they were straight up purchases and that her husband stole them.

    No way would I be involved in any way with putting these guns in his hands no matter how many hoops I jumped through along the way.
     
  14. midwesthunter

    midwesthunter Well-Known Member

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    Well for one thing that I read into this, is if during prior devorce he was awarded the guns then legaly they are his, even if he isn't legaly able to own them. A judge already signed that contract so that should waive your wife from any legal responsability if something did happen. Also I'm sure your wife wasn't forced to buy them, she bought them as a gift knowing how much he wanted said guns. Better for her that way.