Home Forums Hunting & Shooting Hunter's Campfire I think I need a lawyer!

Do you really want to hassle over a silly AR that was his originally. I would tell him to send you a hundred bucks to cover shipping and handling and a FFL that he wants it sent to. Get your FFl on your end to send it to his FFL and make him yellow sheet it again. Then go buy yourself a new AR. If it makes you feel better take it out and do about 20 mag dumps as fast as you can pull the trigger u till the barrel droops and the throat is cooked but I would not get a lawyer to try and keep something as trivial as a rifle.

Just answer the email with one word: "no."

It's really none of his business. If he was worried about his rifle he certainly should not have waited 10 years to ask about it.

I don't see how your wife has any obligation to even answer the email really.

Cost of lawyer will reach the price of any firearm teal quick. Hasbeen

I'd reply back "haven't seen it since you left"!

I'd sanitize the gun removing my prints and handle it with gloves, drive to west point drop the thing off on the front door to the main office with a note indicating who it belongs to and advise them that it is not registered per the safe act.

You don't need to do anything but hit the ignore button.

I'd ignore him. The numbnuts lives in NY so he can’t have it anyway. For peace of mind your wife could check with the lawyer she used for the divorce, but if he bought the gun while they were married, that makes it marital property in most states. Most divorce decrees have specific time limits on division of marital property because the courts don’t want to be bothered with endless BS.

I went to the Sheriff's office after I posted the original question, because my wife was in full on panic mode and needed answers right away. I told them the situation and they said it was abandoned property. They also said as long as we were both legal to own it then it was legally ours since it had been in our possession for so long. He also said it was a civil issue since the AR-15 was not stolen if it comes down to anything further, and that law enforcement probably wouldn't get involved.

This all started when we sent him a quote for getting my step daughter braces, and we offered him the opportunity to pay for half the cost that insurance wouldn't cover. We didn't care if he paid or not, we just wanted him to say yes or no. He found out that I also carry insurance on my step daughter for medical, dental, and vision and accused us of trying to commit insurance fraud for submitting to both his and my insurance companies. His insurance is through Tri-Care (military) and mine is through my work with the rail road. The reason I added my step daughter is that I pay the same amount for insurance regardless of number of dependents, so it seemed like a good idea to carry secondary insurance on her.

My wife thinks he feels like I'm pi$$ing on his tree, by carrying insurance on my step daughter. I told my wife not to reply to anything other than the dental issue that we already contacted him about.

Ah. Time to tell him to f'k off. Sounds like he only gave a schit about the kid when it was clear that YOU give a schit about the kid.

He should have just offered to prorate your dependent coverage if it was acceptable to you, rather than being a dick.

Your wife should hand you the rifle, ask you to hide it, then reply to the ex in all honesty, she doesn't know where the gun that he bought is at.

Tell him he'd have better luck buying a new AR in NY than getting yours from you.

Reading this I believe he's going to tell you to sell the gun and that's his share of the braces.

This.


Not this.

No, you don't need a lawyer.

Then this.

I'm sure we're headed to court one way or another, that's just his M.O. If he doesn't get exactly what he wants he threatens and takes us to court. A couple years ago we had to let our attorney go after our last time in family court with him. He decided that he'd only correspond with us through our attorneys. So we had a monthly bill of about $200-300 for attorney fees for email correspondence, and our attorney told us that if we "fired" him then the Ex was the only one paying attorney fees.

As far as I'm concerned if he gets a stripped lower receiver then we've sent the rifle back. However, he doesn't care about the rifle he just wants the ATF to secure it. He's just making trouble for us.

You made the right decision talking with the SO and they gave you good advice. His accusations of fraud are laughable. I wonder what he's teaching...

You might want to check with someone familiar with NY law or contact the NY State Police. It may very well be illegal for you to send it to NY for transfer or sale. NY has banned the sale and I believe transfer of "assault weapons" as defined by the NY SAFE Act. In order to keep these rifles, they had to have been registered. They either had to be registered or sold/transferred to an out of state person or NY FFL holder. I'm pretty sure it would illegal in NY for you to send it to him. That plus it being declared abandoned property, I'm pretty sure that it is yours. If he plays hardball with you, ask him to send you a letter from the NY State Police stating that it is legal to send this rifle into NY for transfer. That'll never happen and will shut him up.

The NY SAFE ACT:

"Broadens definition of "assault weapon" from two identified features to one. The sale and/or transfer of newly defined assault weapons is banned within the state, although sales out of state are permitted. Possession of the newly defined assault weapons is allowed only if they were possessed at the time that the law was passed, and must be registered with the state within one year."

This would seem to prohibit you from transferring the rifle back to him.

She's my daughter not his, I've raised her for the last eight years since she was five. Other than the last time he took us to court to modify parenting time, he only calls her on her birthday (if he remembers), and Christmas. Since my daughter's birthday is in Jan, she doesn't hear from him until her visitation, which he didn't arrange for this year.

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