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

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.

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:



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?

If you are in possession of his rifle why don't you just give it to him (through a registered firearms dealer to cover your arse)...problem fixed.

The point is: So long as the ex lives in NY he can't legally transfer that rifle to him. The rifle is not registered, it's too late to register it and no FFL in NY can legally transfer it. The only way for the couple with the rifle to avoid legal jeopardy would be if the ex went to them and took the rifle back. Then when the ex transports to NY, it is the ex that has the legal jeopardy, not the OP and his wife.

Now, don't shoot the messenger - again (Gitem 12 talking to you). I didn't make the law or support it, just letting the OP (and others here) aware of the very restrictive nature of the SAFE Act and trying to keep the OP and his wife out potential legal trouble they probably don't want.

No...the point is that when it is in the hands of a registered firearms dealer the problem no longer exists.

If the ex wishes to take it up with the ruling authority then he may do so at his own leisure.

Ok, one more time. No FFL in NY can legally accept the shipment of the AR-15 from out of state for transfer to a NY resident. NY FFLs can accept them from NY residents for transfer OUT of the State.

The OP can try, but what out-of-state FFL will accept it under those circumstances, for transfer to an out-of-state resident who can't legally own it in the State where he resides? The ex can't "sort it out" there is no way for him to legally possess this rifle in NY.

He must be an officer to foot bill.

Sweet Jesus, I've worried more about a hangnail than the sheit the ex is trying.

The point is: So long as the ex lives in NY, the OP and his wifle can't legally transfer that rifle to him. The rifle is not registered, it's too late to register it and no FFL in NY can legally transfer it. The only way for the couple with the rifle to avoid legal jeopardy would be if the ex went to them and took the rifle back. Then when the ex transports it to NY, it is the ex that has the legal jeopardy, not the OP and his wife.

Now, don't shoot the messenger - again (Gitem 12 talking to you). I didn't make the law or support it, just letting the OP (and others here) aware of the very restrictive nature of the SAFE Act and trying to keep the OP and his wife out of any potential legal trouble they probably don't want.

If I were a betting man my money would be on us not getting all pertinent information, otherwise it would have been handled already.

What information do you want to know? My wife made it a point to not have contact with her Ex unless it is dealing with her daughter. So he only gets notified if it's a medical issue or if she's doing something special with her school, 4H, or sports in case he wants to show up. He has made it known that he'll not visit his daughter where she lives, and she will only visit him where he is stationed or at his parents homes in the Carolinas or Florida.

I've been with my wife since 2008 and she was divorced in 2006. This is the first time he's ever asked about the AR-15 rifle since I've been with her. So there is a two year gap I don't know nor do I care about.

Now there have been several times in the last eight years he's tried to stir trouble up for us. He never asks or offers a compromise, he gives us orders on what we'll do and when he expects it done regarding his daughter and other things like this rifle. However this is the first time he has ever threatened to involve any form law enforcement and not just the courts.

It's not about the rifle at all for me and my wife. If her Ex would show up at our house and politely ask for it we'd hand it over, even though after I read the abandoned property laws for CO he has no legal right to it. I'm done with it, and I'm not going to allow my family to bow down to him in fear of legal or litigation issues every time he threatens it.

My wife's lawyer that handled the divorce is now retired. The lawyer we used last time for the modification of parenting time is a two hour drive away since we moved for my work after the last time we were in court. I was just more interested in figuring out what kind of legal advice we would need to seek if the ATF or other Law Enforcement agency showed up asking questions.

Here is a quote from the email He sent my wife: