Gun ownership case. I need help PLEASE!

[big mike 2121]

If he has a domestic abuse case on his record....he can not have a firearm of ANY kind in his house.

 

[Greyfox]

Thanks for the replies so far guys! I knew this could be a good, reputable source for opinions on how to handle this and this is why i love this site and those that come here!

After really pondering on this for the entire day really I think it boils down to what ever the law says. Possession is 9/10ths the law and that is actually true. We have in our possession 2 guns that my wife bought and are in her name. After doing more reading I agree that the decree has no bearing on who the guns belong to until a change of possession is legally done by way of a FFL. He has the burden of proof that the guns are his and that he can legally posses them.

I am not nervous about him trying to take any action against me or my wife because he does know i wont miss. He knows I am always on high alert and ready to protect my family at any and all costs. He hasn't even approached us about the guns yet. It was his new wife (soon to be X??) that contacted us again this morning saying something may be on the horizon and he may want the guns back. I simply told her that as long as he can legally have them put in his name then he will get them back, until then, they stay where they are till the law tells me otherwise.

Personally I want to take them and sell them to the local pawn shop. If he wants them then he can go buy them legally. I will take the money and buy a scope for my stepsons gun that he needs badly. Lets see him throw a fit to his son getting a new scope! That way we have no link to him having the guns and something good will come of them. I however will make sure they are ours to sell first.

They are going to court tomorrow. I will see where and how the dust settles and then will let you all know what the outcome is and where we stand.

BTW the guy is as i described, he has been arrested several times for fighting, drugs, public intoxication, domestic violence, ect, ect, ect. I dont think there is a day that goes by that my wife doesn't thank the good lord for putting her in my path and getting her away from the ***![/QUOTE

Glad you worked out a plan. Let us know how it lands.

 

[Wile E Coyote]

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

My wife was married to a real *** 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 *** 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???

Do what several have said here already; see an Attorney who is experienced in firearms law in your state and with federal law and DO exactly what he tells you to do.

 

[liltank]

Do what several have said here already; see an Attorney who is experienced in firearms law in your state and with federal law and DO exactly what he tells you to do.

Contact the NRA! That would be a great source.

 

[load]

Thanks for the replies so far guys! I knew this could be a good, reputable source for opinions on how to handle this and this is why i love this site and those that come here!

After really pondering on this for the entire day really I think it boils down to what ever the law says. Possession is 9/10ths the law and that is actually true. We have in our possession 2 guns that my wife bought and are in her name. After doing more reading I agree that the decree has no bearing on who the guns belong to until a change of possession is legally done by way of a FFL. He has the burden of proof that the guns are his and that he can legally posses them.

I am not nervous about him trying to take any action against me or my wife because he does know i wont miss. He knows I am always on high alert and ready to protect my family at any and all costs. He hasn't even approached us about the guns yet. It was his new wife (soon to be X??) that contacted us again this morning saying something may be on the horizon and he may want the guns back. I simply told her that as long as he can legally have them put in his name then he will get them back, until then, they stay where they are till the law tells me otherwise.

Personally I want to take them and sell them to the local pawn shop. If he wants them then he can go buy them legally. I will take the money and buy a scope for my stepsons gun that he needs badly. Lets see him throw a fit to his son getting a new scope! That way we have no link to him having the guns and something good will come of them. I however will make sure they are ours to sell first.

They are going to court tomorrow. I will see where and how the dust settles and then will let you all know what the outcome is and where we stand.

BTW the guy is as i described, he has been arrested several times for fighting, drugs, public intoxication, domestic violence, ect, ect, ect. I dont think there is a day that goes by that my wife doesn't thank the good lord for putting her in my path and getting her away from the ***![/QUOTE

Glad you worked out a plan. Let us know how it lands.

selling them, i think would be a big mistake. there is alot of good advise but none from a lawyer. call mitch vilos in salt lake his specialty is firearmsgun)

 

[chucknbach]

selling them, i think would be a big mistake. there is alot of good advise but none from a lawyer. call mitch vilos in salt lake his specialty is firearmsgun)

I agree don't sell them. Reading through this my vote is that the guns belong to the guy. He owned half of them when your wife bought them and a judge already ruled as to who retained possession of them. My advice for you would be the same as another poster on here turn it over to the police let them decide. You don't want to be charged with theft.


My personal beliefs are that the government has no right to decide who gets to own guns and neither does anyone else. If they're dangerous to the rest of us, they shouldn't be on the street.
Gun ownership is either a right or a privilege.

What I would do in your situation is different then my advice to you. I would give them back when he asked. I might even call him up tell him to come get them.