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Joined: Mar 2003
Posts: 17,172
Campfire Ranger
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Campfire Ranger
Joined: Mar 2003
Posts: 17,172 |
The value of the rifle does not merit hiring a lawyer. If it does not belong to your wife under the divorce decree, I'd take it to the local Police Station or Sheriff's office. They can determine whether he lawfully qualifies to possess the firearm. Plus they will have a pile of paper work for him to file out. My thoughts too.
Randy
NRA
Patriot Life Benefactor
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Campfire Outfitter
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Campfire Outfitter
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I said there is no title to firearms referring to a written title. You countered with the assertion that there is title in all property. Without denying your assertion, I told you it was an academic assertion. You responded that it wasn't. I'm telling you that unless your can prove you own a piece of untitled personal property, as a practical matter you don't own it.
For instance, you give your neighbor your chainsaw to use and he never returns it. You go to get it and he says, "Sorry, that is mine. I bought it last year." You sue him with a writ of replevin to get your property back. At trial, you testify that it is yours. He testifies that it is his. You are not able to offer a receipt or any other evidence beyond your testimony which is directly contradicted by his. What do you think happens?
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Joined: Feb 2004
Posts: 46,745
Campfire 'Bwana
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Campfire 'Bwana
Joined: Feb 2004
Posts: 46,745 |
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. You must be a real catch. F'n clown.
Camp is where you make it.
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Campfire Tracker
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Campfire Tracker
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has anyone noted that the NY SAFE ACT prohibits the ownership of an "as issued" AR 15 ?
it cannot be shipped to him w/o violating state law.
even if he is military he is not exempt.
i would not even respond to any email, block his email address, and refuse any correspondence from him.
until you receive a registered letter from an attorney licensed in your state, you need do nothing.
then toss the lower in a deep lake and sell the upper at some gun show.
use the sgt schultz defense.
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Joined: Nov 2007
Posts: 1,015
Campfire Regular
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Campfire Regular
Joined: Nov 2007
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I would ask him for the address of the FFL in NY he wants it transferred to in NY. Tell him that the guy legally belongs to you wife because he abandoned (reference your discussion with law enforcement) it so it has to be transferred legally. Since it sounds like it no FFL in NY is going to take it, he'll should discover this. Offer to sell it now for him or send it to him at his next duty station assuming it might be legal there. If that doesn't end the drama over this, have your wife call his commanding officer. Most commanders take a dim view of this kind of immature nonsense.
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Joined: Feb 2004
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Feb 2004
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I believe you said previously that the rifle doesn't mean much to you. Why not just give it to a local police department with a written explanation of the situation and then tell the ex that he needs to work through the PD to regain custody of it. Yankees
Camp is where you make it.
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Joined: Sep 2007
Posts: 16,670
Campfire Ranger
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Campfire Ranger
Joined: Sep 2007
Posts: 16,670 |
I still wouldn't want a gun I didn't buy and some other guy wanted back.
I'd make it available to him if he wanted it.
Would be no skin off my nose.
Dave This but like someone else said, bring it to an FFL and then give the ex the name and address of it's location and let him try to get it transferred to NY.
The deer hunter does not notice the mountains
"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve" - Isoroku Yamamoto
There sure are a lot of America haters that want to live here...
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Joined: Feb 2004
Posts: 46,745
Campfire 'Bwana
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Campfire 'Bwana
Joined: Feb 2004
Posts: 46,745 |
has anyone noted that the NY SAFE ACT prohibits the ownership of an "as issued" AR 15 ?
it cannot be shipped to him w/o violating state law.
even if he is military he is not exempt.
i would not even respond to any email, block his email address, and refuse any correspondence from him.
until you receive a registered letter from an attorney licensed in your state, you need do nothing.
then toss the lower in a deep lake and sell the upper at some gun show.
use the sgt schultz defense. Nope. First time. Thanks for bringing it up.
Camp is where you make it.
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Joined: Jun 2007
Posts: 29,786
Campfire Ranger
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Campfire Ranger
Joined: Jun 2007
Posts: 29,786 |
Nope. First time. Thanks for bringing it up.
You know...you are good at this.
These are my opinions, feel free to disagree.
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Posts: 2,584
Campfire Regular
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Campfire Regular
Joined: Aug 2002
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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:
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? You need to decide how you really feel about this. Your wife may be legally entitled to the rifle, but it sounds like you may have to get involved in a legal hassle to keep it. 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. If you truly don't care about the rifle and you truly don't want a hassle, give the man his rifle back. (yes, I know it might legally be your wife's rifle now, but I'm sure you can understand why he feels it's still his.) Don't send it directly, that would be illegal, but via an FFL in NY. If he won't agree to using an FFL, tell him to pound sand. Plus there is the principal of not giving him any satisfaction because he suddenly wants to make something an issue. This is completely different from your previous paragraph. I can understand the principle of not being directed by jerks. How much hassle are you willing to go through to keep a rifle you say you don't care about just because the guy is a jerk? If you decide to keep it, look at your wife's divorce papers and see if there is a clause about left property. If there is, tell him you have the rifle, it's securely stored and it's your wife's property now.
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Joined: Sep 2007
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Campfire Ranger
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Campfire Ranger
Joined: Sep 2007
Posts: 16,670 |
Be done with this negative interaction. You don't need more conflict in your life. Either tell him to pound sand, or tell him you'll turn it over to an FFL in your state and he can deal with it from there. This is simply not worth the emotional investment it's getting.
This "advice" keeps popping up. I doubt that any FFL would want to get involved. I don't believe they'd be legally obligated to get in the middle of a cluster [bleep]. This is a good point also but would be the only way I can think of to CYA if you chose to return it to him.
The deer hunter does not notice the mountains
"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve" - Isoroku Yamamoto
There sure are a lot of America haters that want to live here...
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Joined: Feb 2001
Posts: 50,628
Campfire Kahuna
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Campfire Kahuna
Joined: Feb 2001
Posts: 50,628 |
I absolutely agree with those that say ignore it completely but somethings can be added to the academic argument:
He may be military, though not all West Point instructors are. As such he can have it transferred through his home state of record OR the state he resides in... so it may be easy to get it to him legally.
Again, there is nothing here and the request should be ignored. He has no legal ground and no way to create issues for the ex-wife down the road.
Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
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Joined: Jan 2008
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Campfire Tracker
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OP
Campfire Tracker
Joined: Jan 2008
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You need to decide how you really feel about this. Your wife may be legally entitled to the rifle, but it sounds like you may have to get involved in a legal hassle to keep it. 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. If you truly don't care about the rifle and you truly don't want a hassle, give the man his rifle back. (yes, I know it might legally be your wife's rifle now, but I'm sure you can understand why he feels it's still his.) Don't send it directly, that would be illegal, but via an FFL in NY. If he won't agree to using an FFL, tell him to pound sand. Plus there is the principal of not giving him any satisfaction because he suddenly wants to make something an issue. This is completely different from your previous paragraph. I can understand the principle of not being directed by jerks. How much hassle are you willing to go through to keep a rifle you say you don't care about just because the guy is a jerk? If you decide to keep it, look at your wife's divorce papers and see if there is a clause about left property. If there is, tell him you have the rifle, it's securely stored and it's your wife's property now. I think the point you missed as well as many other in this post is the Ex-husband doesn't care if he gets the rifle back. In fact I seriously doubts he wants it, and he'd be happy to pull a "Mark Kelly" with it. He just wants some sort of law enforcement to show up and take it from us. He's accused us of raising our daughter to be a racist, right wing, Christian. In fact last summer he took her to a psychiatrist to have her diagnosed as a racist. This came about because our daughter refused to eat a middle eastern restaurant that only served halal meat.
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Joined: Jul 2011
Posts: 23,453
Campfire Ranger
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Campfire Ranger
Joined: Jul 2011
Posts: 23,453 |
You need to decide how you really feel about this. Your wife may be legally entitled to the rifle, but it sounds like you may have to get involved in a legal hassle to keep it. 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. If you truly don't care about the rifle and you truly don't want a hassle, give the man his rifle back. (yes, I know it might legally be your wife's rifle now, but I'm sure you can understand why he feels it's still his.) Don't send it directly, that would be illegal, but via an FFL in NY. If he won't agree to using an FFL, tell him to pound sand. Plus there is the principal of not giving him any satisfaction because he suddenly wants to make something an issue. This is completely different from your previous paragraph. I can understand the principle of not being directed by jerks. How much hassle are you willing to go through to keep a rifle you say you don't care about just because the guy is a jerk? If you decide to keep it, look at your wife's divorce papers and see if there is a clause about left property. If there is, tell him you have the rifle, it's securely stored and it's your wife's property now. I think the point you missed as well as many other in this post is the Ex-husband doesn't care if he gets the rifle back. In fact I seriously doubts he wants it, and he'd be happy to pull a "Mark Kelly" with it. He just wants some sort of law enforcement to show up and take it from us. He's accused us of raising our daughter to be a racist, right wing, Christian. In fact last summer he took her to a psychiatrist to have her diagnosed as a racist. This came about because our daughter refused to eat a middle eastern restaurant that only served halal meat. Full custody and adoption. Go for it. Now. Jurisdiction is with the kid; meaning where you are and not in New Yorkistan.
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: Apr 2010
Posts: 10,828
Campfire Outfitter
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Campfire Outfitter
Joined: Apr 2010
Posts: 10,828 |
Racist
Right Wing
Christian
Crap I'm all of that and those are some of my best qualities
Maker of the Frankenstud Sling Keeper
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Joined: Feb 2009
Posts: 16,235
Campfire Ranger
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Campfire Ranger
Joined: Feb 2009
Posts: 16,235 |
In fact last summer he took her to a psychiatrist to have her diagnosed as a racist. This came about because our daughter refused to eat a middle eastern restaurant that only served halal meat. And this chowderhead is an educator at West Point? Citizens, arm yourselves.
Epstein didn't kill himself.
"Play Cinnamon Girl you Sonuvabitch!"
Biden didn't win the election.
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Joined: Dec 2013
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Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2013
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Just ignore it. You're not going to get his rights involuntarily terminated unless he is a real dirtbag. And yes, while jurisdiction goes with the child, the original court still has continuing jurisdiction and if he still lives in said jurisdiction, it stays in that court regardless of where the child goes.
Just ignore him and have as little to do with him as possible. People like that only have power over you if you let them. For better or worse, your wife has a relationship with him until the child is an adult at the very least. Grit your teeth and bear it unless it becomes something that you just can't ignore because it threatens to harms the child.
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Campfire Tracker
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OP
Campfire Tracker
Joined: Jan 2008
Posts: 5,165 |
Full custody and adoption. Go for it. Now.
Jurisdiction is with the kid; meaning where you are and not in New Yorkistan.
I wish we could we talked to a lawyer about it last year after it happened, and he told us there is no way in Colorado (CO Jurisdiction) that we could get full custody of her. We'd have to prove that her life was literally in immanent danger when she was in his custody. Same thing the Family Law Judge who attend our church told us as well.
Last edited by taylorce1; 06/29/16.
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Joined: Jul 2011
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Campfire Ranger
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Campfire Ranger
Joined: Jul 2011
Posts: 23,453 |
Full custody and adoption. Go for it. Now.
Jurisdiction is with the kid; meaning where you are and not in New Yorkistan.
I wish we could we talked to a lawyer about it last year after it happened, and he told us there is no way in Colorado that we could get full custody of her. We'd have to prove that her life was literally in immanent danger when she was in his custody. Same thing the Family Law Judge who attend our church told us as well. She doesn't have to go. She is old enough to make that decision. CO is just f'ked up.
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 2003
Posts: 13,364
Campfire Outfitter
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Campfire Outfitter
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I saw where the fool bought the AR 15 before they were married. Too bad it is not community property. Then the O.P. could just take a hack saw, cut it in two right through the upper and lower and send the West Point dude "his half."  Nothing like good divorce stories. There have been some dandies on the Fire. This one ranks near the top.  L.W.
"Always go straight forward, and if you meet the devil, cut him in two and go between the pieces." (William Sturgis, clipper ship captain, 1830s.)
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