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

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?

10 years has gone by. He never requested the rifle before now...

It was legally considered "abandoned property" long ago.

He's just running a bluff by bringing up getting ATF involved.

Tell him to GFH.

I think a $50/year storage fee to be paid at the time of the return of his weapon would be appropriate.

Of course, you tack on late fees and interest and the amount goes up significantly (I should work for the IRS, except I was born with a conscience).

I would be getting a lawyer, for sure.

You don't need a lawyer, yet. You probably won't at all. As mentioned, it's been too long a time.

The only advice I can give is do NOT get smartalecky and say something like "I gave it to Achmed el Jihad." It'd be best to not reply at all.

if it was in California :
half of it belongs to him , just take the upper and give it to him.

Persian.

My divorce specifically said "any items in the possession of either party 30 days after the date of recording, are the permanent possession of that party holding the item."

Of course, you can always answer his inquiry with "No, I don't still have it."

teaches at West Point too?

Two guesses, and they are strictly guesses.

Someone asked about his AR, and given the fact he's teaching for the man, leaving a gun 'unsecured' has him hinky

OR

he's worried about its disposition coming back to bite him in the ass.

Got to agree though, #sand as a response.

BTW, was this the AR you dropped in the lake?

It might be that he needs to know his AR-15 was lost in a tragic boating accident some years ago.




The information is out there, all you have to do is let it in.

I'd just send him a picture of your junk, and ask him if that's what he's looking for.

Ask him if he wants his "balls" back now.

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.

Don't know what The law is where you reside pertaining to the transfer of long arms . But he did say that he left it to her. In the state of Pennsylvania I would own That firearm, he she gave it to me.

Start with the divorce decree. See what it says about specific property (it's likely not listed), firearms in general, and then any remaining personal property clauses such as "all personal property not requested or obtained by either party from the possession of the other within ____ days/months shall become the property of the possessor".

"I thought that YOU had the AR-15".

ATF= maybe full auto.

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.

Or is it, he illegally modified it, and now trying to get the evidence back?

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

crap like this is why I have a lawyer. Not on retainer, but available. Spend a few bucks if necessary, and turn the letter over to someone that knows what the law is in your part of the Country.