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Joined: Aug 2005
Posts: 43,737
Campfire 'Bwana
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Campfire 'Bwana
Joined: Aug 2005
Posts: 43,737 |
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. Yep, the act of transferring the gun will be the only illegal thing that could come out of this. And I definitely wouldn't want the jerk to have a gun that I illegally transferred to him.
“ The Savage 99 Pocket Reference”. All models and variations of 1895’s, 1899’s and 99’s covered. Also dates, checkering, engraving.. Find at www.savagelevers.com
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Joined: Jun 2003
Posts: 10,593
Campfire Outfitter
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Campfire Outfitter
Joined: Jun 2003
Posts: 10,593 |
Generally, the ATF is not going to investigate a marital property dispute involving a gun. That’s not what they do. There would have to be a federal firearm crime nexus. If ex tells the full story to local police, they probably aren’t going to mess with it, either.
If ex has the serial number and he omits a few facts about the circumstances and makes a stolen gun report, the gun may end up being entered stolen NCIC, which could create some issues down the road if you, your wife or any good faith purchaser/possessor gets stopped with it and the serial number is run. The ex still could end up in a bureaucratic hassle of where to report it, depending on where he says it was at the time he claims that it was “stolen.” This also impacts the location of any civil litigation to deal with the issue. If treated as an adjunct to the property settlement, it may have to be litigated where the property settlement occurred. If the place of property settlement and the place where the gun was abandoned are not the state where the ex currently resides, the hassle factor on the ex may be increased.
If a lawyer has to get involved, it would be easy to spend more than the gun is worth. In a war of attrition, though, the ex may have to spend a lot more.
Just some stuff to think about.
"Don't believe everything you see on the Internet" - Abraham Lincoln
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Joined: Aug 2004
Posts: 69,595
Campfire Kahuna
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Campfire Kahuna
Joined: Aug 2004
Posts: 69,595 |
GFY is the only explanation the guy needs after 10 years.
Molɔ̀ːn Labé Skýla!
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Joined: Sep 2004
Posts: 17,389
Campfire Ranger
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Campfire Ranger
Joined: Sep 2004
Posts: 17,389 |
Or, just wait for his to make a threat other than "I'm telling the ATF" and send a copy to his commanding Officer.
That usually gets people to calm down.
“Live free or die. Death is not the worst of evils.” - General
John Stark.
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Joined: Feb 2009
Posts: 16,234
Campfire Ranger
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Campfire Ranger
Joined: Feb 2009
Posts: 16,234 |
I hope you are documenting all his assholiness. Generally, these types of threads suffice.
Epstein didn't kill himself.
"Play Cinnamon Girl you Sonuvabitch!"
Biden didn't win the election.
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Joined: Jun 2005
Posts: 1,638
Campfire Regular
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Campfire Regular
Joined: Jun 2005
Posts: 1,638 |
How about playing the "Be an adult" game? If its his damn gun, give it to him. Problem solved.
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Joined: Aug 2004
Posts: 69,595
Campfire Kahuna
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Campfire Kahuna
Joined: Aug 2004
Posts: 69,595 |
How about playing the "Be an adult" game? If its his damn gun, give it to him. Problem solved. By rewarding his assholiness? That'll make him stop that, right?  How much luck would any of us have if we called up our ex of 10 years and told her to turn over something we left there?
Molɔ̀ːn Labé Skýla!
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Joined: Jul 2011
Posts: 23,453
Campfire Ranger
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Campfire Ranger
Joined: Jul 2011
Posts: 23,453 |
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. 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. Time to fight fire with fire. He wants to go to court? Fine. Go to court. Your daughter is 13. That's old enough in most states to testify on custody issues and to have her word carry weight. This time, you go for termination of his rights and full adoption by you. See how he likes THAT, and you might very well win. Hint, again. Get rid of the [bleep] once and for all, and LEGALLY.
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
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Joined: May 2011
Posts: 56,273
Campfire Kahuna
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Campfire Kahuna
Joined: May 2011
Posts: 56,273 |
Clearly plenty of fire members haven't had their fill of drama yet. There's no playing this game and "winning". Playing always has a price with guys like this.
_______________________________________________________
An 8 dollar driveway boy living in a T-111 shack
LOL
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Joined: Jul 2011
Posts: 23,453
Campfire Ranger
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Campfire Ranger
Joined: Jul 2011
Posts: 23,453 |
Clearly plenty of fire members haven't had their fill of drama yet. There's no playing this game and "winning". Playing always has a price with guys like this. I've suggested play to win, and have it all over and done. Anything else keeps this drama going on for another 5 years.
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
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Joined: May 2011
Posts: 56,273
Campfire Kahuna
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Campfire Kahuna
Joined: May 2011
Posts: 56,273 |
Not pointed at you 4ager. I have little doubt you'd make a good decision and be done with it one way or another.
_______________________________________________________
An 8 dollar driveway boy living in a T-111 shack
LOL
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Joined: Aug 2003
Posts: 38,943
Campfire 'Bwana
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Campfire 'Bwana
Joined: Aug 2003
Posts: 38,943 |
How about playing the "Be an adult" game? If its his damn gun, give it to him. Problem solved. 1. Because it's not his anymore? 2. Abandoned property 3. Not legal to sell/give back for him to possess in the state of NY That's why
Me
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Joined: Dec 2005
Posts: 3,758
Campfire Tracker
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Campfire Tracker
Joined: Dec 2005
Posts: 3,758 |
What AR? Didn't you sell it or he took it with him when he left.
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Joined: Apr 2010
Posts: 10,825
Campfire Outfitter
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Campfire Outfitter
Joined: Apr 2010
Posts: 10,825 |
How about playing the "Be an adult" game? If its his damn gun, give it to him. Problem solved. You are obviously unaware of how many people who divorce interact. Bless your heart
Maker of the Frankenstud Sling Keeper
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Joined: Feb 2013
Posts: 21,713
Campfire Ranger
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Campfire Ranger
Joined: Feb 2013
Posts: 21,713 |
I'm sure the ATF is going to drop everything and get right on that! His only chance of getting it back, rests with your willingness to return it. Unless somehow, your wife failed to return it in accordance with their divorce decree, or he previously reported it stolen, he's SOL. It's no different than any other property. No, I'm not a lawyer but I've had to deal with similar issues. Bingo. Substitute the word "guitar" for "firearm" in your musings. Property is property. Let him call the ATF... your wife has committed NO CRIME!
If you are not actively engaging EVERY enemy you encounter... you are allowing another to fight for you... and that is cowardice... plain and simple.
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Joined: Jul 2011
Posts: 23,453
Campfire Ranger
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Campfire Ranger
Joined: Jul 2011
Posts: 23,453 |
Not pointed at you 4ager. I have little doubt you'd make a good decision and be done with it one way or another. I appreciate the vote of confidence. All situations are unique. With what the OP is saying, father being completely absent, etc., and the age of the kid, he could (and I think should) be aggressive and push this issue. The father, as is typical of his "stripe" likes being a bully and throwing his weight around (brass/collar heavy). Fire back, put him in his place, and end this.
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
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Joined: Mar 2006
Posts: 11,663
Campfire Outfitter
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Campfire Outfitter
Joined: Mar 2006
Posts: 11,663 |
I hope anyone who is reading this and considering marrying a gal with kids thinks it through first. A lifetime of pain in the azz - generally from losers.
Broncos are officially the worst team in the nation this year.
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Joined: Nov 2011
Posts: 30,949
Campfire 'Bwana
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Campfire 'Bwana
Joined: Nov 2011
Posts: 30,949 |
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.
She's my daughter not his, I've raised her for the last eight years since she was five. If she's your daughter, act like it, and never ask him for anything. This whole episode began when you initiated contact with him, asking for money. The more you keep him out of your lives, the better your lives will be. There's no upside is giving him an opportunity to mess with your wife and daughter.
You didn't use logic or reason to get into this opinion, I cannot use logic or reason to get you out of it.
You cannot over estimate the unimportance of nearly everything. John Maxwell
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Joined: Nov 2011
Posts: 30,949
Campfire 'Bwana
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Campfire 'Bwana
Joined: Nov 2011
Posts: 30,949 |
Not pointed at you 4ager. I have little doubt you'd make a good decision and be done with it one way or another. I appreciate the vote of confidence. All situations are unique. With what the OP is saying, father being completely absent, etc., and the age of the kid, he could (and I think should) be aggressive and push this issue. The father, as is typical of his "stripe" likes being a bully and throwing his weight around (brass/collar heavy). Fire back, put him in his place, and end this. Probably not in Colorado. In this state is presumed that joint custody is best for the child, so what you propose is less likely to work in this state unless the ex is a convicted drug dealer or pedophile.
You didn't use logic or reason to get into this opinion, I cannot use logic or reason to get you out of it.
You cannot over estimate the unimportance of nearly everything. John Maxwell
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Joined: Nov 2006
Posts: 10,790
Campfire Outfitter
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Campfire Outfitter
Joined: Nov 2006
Posts: 10,790 |
I hope by this point in this campfire soap opera you have learned:
1. He's got no claim to the rifle
2. The ATF doesn't give a [bleep] about this and he has not/will not contact them about it.
3. There is no way in hell it can be legally transferred to a NYS resident.
4. He is trying to game you one way or another
5. The only way he can be successful at (4) is if you let him by playing along
6. You are not stupid enough to engage in any of the nitwit gamesmanship moves that have been suggested here.
7. Explain this to you wife. End of story.
Mathew 22: 37-39
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