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Joined: Jan 2008
Posts: 5,192 Likes: 1
Campfire Tracker
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OP
Campfire Tracker
Joined: Jan 2008
Posts: 5,192 Likes: 1 |
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?
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Joined: Aug 2004
Posts: 69,766 Likes: 39
Campfire Kahuna
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Campfire Kahuna
Joined: Aug 2004
Posts: 69,766 Likes: 39 |
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.
Molɔ̀ːn Labé Skýla!
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Joined: Aug 2005
Posts: 43,786 Likes: 4
Campfire 'Bwana
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Campfire 'Bwana
Joined: Aug 2005
Posts: 43,786 Likes: 4 |
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).
“ 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: Mar 2008
Posts: 15,289
Campfire Ranger
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Campfire Ranger
Joined: Mar 2008
Posts: 15,289 |
I would be getting a lawyer, for sure.
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Joined: May 2003
Posts: 31,298 Likes: 11
Campfire 'Bwana
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Campfire 'Bwana
Joined: May 2003
Posts: 31,298 Likes: 11 |
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.
Cleverly disguised as a responsible adult.
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Joined: Sep 2015
Posts: 10,273 Likes: 8
Campfire Outfitter
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Campfire Outfitter
Joined: Sep 2015
Posts: 10,273 Likes: 8 |
if it was in California : half of it belongs to him , just take the upper and give it to him.
Persian.
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Joined: Sep 2004
Posts: 17,474 Likes: 3
Campfire Ranger
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Campfire Ranger
Joined: Sep 2004
Posts: 17,474 Likes: 3 |
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."
“Live free or die. Death is not the worst of evils.” - General John Stark.
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Joined: Sep 2007
Posts: 26,524
Campfire Ranger
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Campfire Ranger
Joined: Sep 2007
Posts: 26,524 |
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. 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?
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Joined: Oct 2010
Posts: 645
Campfire Regular
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Campfire Regular
Joined: Oct 2010
Posts: 645 |
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.
Kevin NRA Lifetime Member Retired, Fulltime RV'er
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Joined: Dec 2008
Posts: 8,334 Likes: 3
Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2008
Posts: 8,334 Likes: 3 |
I'd just send him a picture of your junk, and ask him if that's what he's looking for.
"Life is tough, even tougher if your stupid" John Wayne
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Joined: Jul 2009
Posts: 8,923
Campfire Outfitter
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Campfire Outfitter
Joined: Jul 2009
Posts: 8,923 |
Ask him if he wants his "balls" back now.
Dave
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Joined: Nov 2015
Posts: 1,956
Campfire Regular
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Campfire Regular
Joined: Nov 2015
Posts: 1,956 |
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.
Deadlines and commitments, what to leave in, what to leave out...
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Joined: Mar 2007
Posts: 1,997
Campfire Regular
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Campfire Regular
Joined: Mar 2007
Posts: 1,997 |
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.
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Joined: Jul 2011
Posts: 23,453
Campfire Ranger
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Campfire Ranger
Joined: Jul 2011
Posts: 23,453 |
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".
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: Jan 2004
Posts: 3,366
Campfire Tracker
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Campfire Tracker
Joined: Jan 2004
Posts: 3,366 |
"I thought that YOU had the AR-15".
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Joined: Feb 2004
Posts: 681
Campfire Regular
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Campfire Regular
Joined: Feb 2004
Posts: 681 |
There is no place like home. Western Oklahoma.
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Joined: Nov 2005
Posts: 3,507
Campfire Tracker
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Campfire Tracker
Joined: Nov 2005
Posts: 3,507 |
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.
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Joined: Dec 2013
Posts: 672
Campfire Regular
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Campfire Regular
Joined: Dec 2013
Posts: 672 |
Or is it, he illegally modified it, and now trying to get the evidence back?
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Joined: Jan 2010
Posts: 23,583 Likes: 3
Campfire Ranger
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Campfire Ranger
Joined: Jan 2010
Posts: 23,583 Likes: 3 |
I would write back and say the gun is no longer in our posession. Sold at a gun show.
have you paid your dues, can you moan the blues, can you bend them guitar strings
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Joined: Nov 2003
Posts: 67,810 Likes: 11
Campfire Kahuna
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Campfire Kahuna
Joined: Nov 2003
Posts: 67,810 Likes: 11 |
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.
Sam......
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