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Yankees.


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Originally Posted by taylorce1
I just don't know what kind I'll need.

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.
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No cop will get involved.

No ATF agent will get involved.

He feeds off your wife's knee-jerk hysteria. Next time she asks you stupid schit just open a beer and stare at her.




Dave


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
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Originally Posted by MadMooner
I'd be inclined to just give the fella his rifle back. I'm guessing he is the one that bought it?

Can't transfer rifle to non-state resident without an FFL logging it and doing background check.

Then, I want you to find me an FFL that will transfer an AR to a New York resident.

Last edited by Calhoun; 06/28/16.

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Originally Posted by Calhoun
Originally Posted by MadMooner
I'd be inclined to just give the fella his rifle back. I'm guessing he is the one that bought it?

Can't transfer rifle to non-state resident without an FFL logging it and doing background check.

Then, I want you to find me an FFL that will transfer an AR to a New York resident.


That sounds exhausting.


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You don't need a lawyer.

Ignore him. The worst he can do is try to sue you in your home state to get it back. He won't be doing that.

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Originally Posted by Calhoun
Originally Posted by MadMooner
I'd be inclined to just give the fella his rifle back. I'm guessing he is the one that bought it?

Can't transfer rifle to non-state resident without an FFL logging it and doing background check.

Then, I want you to find me an FFL that will transfer an AR to a New York resident.

I agree with MadMooner, however, the burden of transfer costs and legality belong to the ex-husband.

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you need to be reading the terms of your wife divorce from him and then go from there


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Originally Posted by KFWA
I would write back and say the gun is no longer in our posession. Sold at a gun show.


On any issue that can be elevated to a legal/lawyer status and law enforcement becomes involved, NEVER LIE! Recall Martha Stuart's situation.

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Originally Posted by bea175
you need to be reading the terms of your wife divorce from him and then go from there


Why?




Dave


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
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Originally Posted by Gringo Loco
Originally Posted by Calhoun
Originally Posted by MadMooner
I'd be inclined to just give the fella his rifle back. I'm guessing he is the one that bought it?

Can't transfer rifle to non-state resident without an FFL logging it and doing background check.

Then, I want you to find me an FFL that will transfer an AR to a New York resident.

I agree with MadMooner, however, the burden of transfer costs and legality belong to the ex-husband.


At this point, considering the guy is a jerk, he's likely to sic the ATF on her if she transfers the rifle in any fashion he can infer is questionable, if it belongs to her now because of any divorce paper clause.

shoot it till the barrel melts, than part it out.

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The ATF isn't going to do schit.





Dave


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
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Do not allow this ploy to disturb your domestic tranquility. It's not worth the blood pressure points. It has obviously already consumed more energy than it is worth. Put your feet up, relax, and rejoice in the fact that she no longer has to put up with the antics of old what's-his-name.

Your wife might make a very short reply (if correct): Any property you left in my possession became mine after 30 days. At this late date, you have no claim to any such property.

That does not stipulate that she still has the AR, and it puts a stop to his claim. Then ignore him. Last I had any need to check, claims under about $1500 have to go to Small Claims Court. I think that is his only recourse. Usually, that claim would have to be filed in your home county, not his. He would have to travel there to appear in person, and he's not going to do that. As stated, neither law enforcement nor the ATF is going to have the slightest interest in this civil issue.

Last edited by denton; 06/28/16.

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I'd add that if I did have it and it was his I would tell him he's welcome to come get it.

But then again, I'm normal.




Dave


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
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Quote
I'd add that if I did have it and it was his I would tell him he's welcome to come get it.


That's a much better solution than letting him manipulate you and damage your happiness. If he really wants it back, hand it over to an FFL in your state, and let him carry the burden of transferring it. As you undoubtedly already know, you cannot simply hand it to him.


Last edited by denton; 06/28/16.

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Buy throwaway phone and a 30 round magazine - pay cash.

Load magazine, and stick the magazine in the AR and ship it common carrier and undeclared, to the SOB, signature confirmation, pay cash, no return address.

Monitor shipment. When it's close to delivery, call local LE with throwaway phone. Tell em a local is receiving an un"SAFE" firearm, w/o a FFL. Give em tracking # and delivery address and date.

Shake well, instant felon.

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JOY

Jesus
Others
Yourself

Hint.




Travis


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
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Originally Posted by deflave
JOY

Jesus
Others
Yourself

Hint.




Travis


Where's the fun in *that*?

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Originally Posted by KFWA
I would write back and say the gun is no longer in our posession. Sold at a gun show.


+1

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