Here is the back story, my wife divorced her first husband in 2006. He left behind his AR-15 rifle, and has never asked for it until today. Today he said he's calling the ATF to have it recovered.
Here is a quote from the email He sent my wife:
Quote
Are you in possession of the AR15 rifle I left with you? I need to know the disposition of my rifle. I intend to notify ATF and take all legal measures to secure this weapon.
Now I'm hoping whomever answers the phone at the ATF is intelligent enough to ask the proper questions. I don't care about the AR-15, but I don't want this to escalate into a problem for me and my wife owning our current firearms and any future purchases. I don't know how it'll affect us when the rifle has been in possession of my wife for nearly eleven years. I can't legally send him the rifle because he lives in NY and teaches at West Point. Plus there is the principal of not giving him any satisfaction because he suddenly wants to make something an issue.
So is this a family law (divorce), a property rights, or some other?
As a former LEO I can tell you that the AR was joint property unless it was specifically mentioned in the property settlement of the divorce. That is if there is nothing about abandoned items and time a frame.
The ATF don't care and neither does local law enforcement after 10 years. Unless there was a domestic assault or a felony on YOUR behalf it now belongs to your wife. Tell him to pound sand and report it to any damn one he wants to. You don't need a lawyer for nothing.
If you give it back, it's out of the kindness of your heart. If he is an instructor at West Point, he has all the money in the world to buy 20 more if he wants another AR.
His next recourse is small claims court if he thinks he has a case.
kwg
For liberals and anarchists, power and control is opium, selling envy is the fastest and easiest way to get it. TRR. American conservative. Never trust a white liberal. Malcom X Current NRA member.
