Firearm Ownership issue

[WannaRetire]

Hey guys,

I have absolutely no idea where to post this, so I suppose this it a good place to ask.

We are Memphis, TN residents and for my wife's 21st birthday she was given a firearm for her birthday by her Step-Father.

This was 3-4 years ago.

Well, needless to say, things arent going so well between her and her stepfather.

He's gotten vindictive and is demanding the firearm back because it's in his name/registration.

We like the firearm, have it for our house, and dont want to give it back. What are our options?

Thanks!

--WannaRetire

[IShootBack]

For your first post, you asked a doosey...Most folks do a short introduction first before getting to the heavy stuff.

I think this is a legal issue more than a moral delima.

If it were me, I would cut the darned thing in a hundred pieces (or mayne just take it completely apart) and give it back to him in a gift wrapped box.

Go buy your own. A good self defense shotgun can be purchase for $100 bucks used or $200 new.

My two cents.

IShootBack.

[22WRF]

Tennessee doesn't register guns so where do go from there?

demanding the firearm back because it's in his name/registration.

He may think it's registered because he purchased it

[Marlin]

The general rule is that an item given as a gift passes ownership totally, lock, stock and barrel, pun not intended, and there is no legal obligation to return it to the giver.

However, it sounds as though more may be underlying this particular situation and a consult with an attorney is a very sound suggestion. BTW, Tennessee, to my knowledge, has no gun registration so there is little to worry about on his part.

From a practical viewpoint, however, if one wishes to maintain a viable family relationship, perhaps the better part of valor would dictate to let him have it back and go purchase another to replace it. If you were not in the market for a new item, there are many good buys both a gun shops and at gun shows for reasonable prices. ISB's suggestion is a good solution.....

Oh, and glad to have you at TFF. Hope you will stay around and join the family.

[WannaRetire]

Originally Posted by IShootBack

If it were me, I would cut the darned thing in a hundred pieces (or mayne just take it completely apart) and give it back to him in a gift wrapped box.

Yeah, I was thinking of something along those lines incase we cant keep it legally.

Some options I've been thinking of:

1. Taking it apart and spraying some glue in all the little spaces and barrel and cover it with sand.

2. Cutting it in half. Like 2 peices of bread. lol

3. Taking it apart. Every single peice. Do the sand thing in #1, put it in a box, put dog crap on it, and gift wrap it.

4. Dip it in a bowl of hot glue for a couple hours.


Its a .40 Glock, and we really like it. So I hate to do this to it, but what ways do we have to LEGALLY keep it?

[WannaRetire]

Originally Posted by Marlin

The general rule is that an item given as a gift passes ownership totally, lock, stock and barrel, pun not intended, and there is no legal obligation to return it to the giver.

Ohh really? I didnt know that!

Do you have any literature I can look at concerning that?

Is this a legal thing? Like how do I proof that it was a gift?

Can he not call the cops and say it was taken or stolen?

He's a vindictive SOB, so I gotta make sure I do this right so it wont come back and bite me in the ass later.

[IShootBack]

Just give the darned thing back. Do in in front of some witnesses and be civil and decent about it.

It'll make you a better person.

[WannaRetire]

Originally Posted by IShootBack

Just give the darned thing back. Do in in front of some witnesses and be civil and decent about it.

It'll make you a better person.

In a normal situation, sure.

But this is an abnormal situation, and we are tired of being the better person.

Just trying to find out the legal part of this. How can I keep this gun is the issue here.

[Nighthawk]

Originally Posted by IShootBack

Just give the darned thing back. Do in in front of some witnesses and be civil and decent about it.

It'll make you a better person.

this is the best way, but as said make sure you can prove you gave it to him.
he could say he never gave it to you, he just loaned it to you and you refused to return it. if you damage it you could be liable for it. IMHO

[Pat Hurley]

I say, don't get caught up in the legal mumbo jumbo of this dilemma. Think of the mental anguish and the future trouble and heartache this guy could cause you. If you keep it, he will rent space in your head for as long as you do. He will also have reason and cause to be in contact with you to remind you that you still have "his" gun.

Recommendation: Give it back to him right now - but soak it salt water for 48 hours first (just kidding). Make him sign a receipt. Tell him to shove it sideways up his posterior. Then recapture your peace of mind and happiness and tell this man to exit your lives.

Lastly, this gives you an opportunity to be your wife's hero. Stick up for her, protect and defend her physically, of course, but MENTALLY TOO. Do some research together, ask some questions of the savvy gunners in this forum, then go purchase a great firearm that she can really call her own. What's more, it will be a gun that YOU wanted, not a gun that HE wanted her to have.

Carpe diem! (just trying to impress Pistol and Firebird with a little Latin lingo there)

[Crpdeth]

Wannaretire

Welcome to the forums.

Tell me if I'm off base, but I think you want to keep the pistol and are looking for advise to that end. You'll get no grief from me. If I give you something, it's YOURS and only a childish, petty, butthead would demand the return of a gift. Take Marlins word as one of education and mucho experience concerning the laws which MAY VERY WELL vary from state to state as he will tell you.

All said, I once recieved a computer (which I never asked for...It was just delivered to me) from a female friend who ultimately decided, upon finding out that I had been spending a little time with another female friend, that she wanted the computer back, stating that she was buying it, sort of "rent to own" from a place in town and didn't feel that it was fair that she continue making payments or ruin her credit....I had already upgraded the hard drive and promptly told her to kiss off. But you know after giving it some thought I realized that just as Pat Hurley stated here, she would always have reason to bug me about it, so I removed my hard drive and instead of giving it to her I took it to the computer store and they were very happy (and surprised) to take it back since they couldn't seem to contact my little friend about lack of payment and quickly helped me unload it.

I've never regretted doing the right thing.


Crpdeth

[cec]

I can't speak to the legal side of things. Even though in my mind, the gun is yours. A gift is something given to someone else, not loaned. The expectation is that it is never given or demanded back.

But when family is involved all rules go out the window. If you don't give it back, then you never hear the end of it. If you do give it back, then the Step-father will feel he has won.

Granted you could go for legal advice, but then by the time you pay for that you could of bought a new gun.

So in this case while the law is most likely on your side, I would give the gun back. After all it is an easily replaced collection of metal and composite material. Sanity is not so easily replaced.

On a side note, you can think of all of the nasty things to do to the gun, but be the adult here and just think of them. The most I would consider doing is a field strip and hand him a pile of parts. Claim you were in such a hurry to give it back, you didn't have a chance to get it back together while cleaning it.

[pickenup]

Take your case to small claims court.
Let the judge decide.........LEGALLY.........who owns the gun.

Have all your ducks in a row.

[Light Coat]

If you are going to give the gun back; don't damage it or monkey it up. Simply contact a gun dealer and ask them if they would transfer the gun through their books to her step-father. This will get him what he wants; but, will produce the awkward situation of having to pay the transfer fee and fill out a white sheet on the firearm again. That is if he originally purchased it from a dealer to start with.

[LDBennett]

Give the gun back and walk away from the guy. If the situation is as bad as it seems cut off communication with him.

Another approach is to take it to your local police station and tell them the situation. If they agree let them give it back to him. He'd have to go to the police station to get it (a little embarrassing for him) and you got a witness. Send him notification (Registered Letter with receipt that goes back to you for your recoerds) that the gun is at so and so police station for him to pickup. Make the letter very formal with zero emotion, all mater of fact. Doing it this way avoids the face to face and any altercation that that might provoke. Leave this guy to his own demise.

Then go buy your own gun.

LDBennett

[Highlander]

If it were me I would give it back. Then go purchase the same model handgun for my wife. You know what this guy is like so in the future I would not accept any gifts from this guy, it isn't worth it. This man can cause you and yours a lot of heart ace, don't allow him to be so petty by allowing him to invade your life. This is one of those lessons that is hard to take. But you have no money of your own invested in this fire arm and you have been able to try it out and found that you like it so that's good, take the good and get rid of the bad and forget this rear end.

[WannaRetire]

Originally Posted by LDBennett

Give the gun back and walk away from the guy. If the situation is as bad as it seems cut off communication with him.

Another approach is to take it to your local police station and tell them the situation. If they agree let them give it back to him. He'd have to go to the police station to get it (a little embarrassing for him) and you got a witness. Send him notification (Registered Letter with receipt that goes back to you for your recoerds) that the gun is at so and so police station for him to pickup. Make the letter very formal with zero emotion, all mater of fact. Doing it this way avoids the face to face and any altercation that that might provoke. Leave this guy to his own demise.

Then go buy your own gun.

LDBennett

Thank you for your input.

I took your suggestion and put it into action.

I called the police, and they came and got it....no questions asked.

So, I'm gonna leave just like that. They said all they would do is make the police report, put the gun in the holding room, and thats it. They wouldnt call the registered owner or anything.

So, thats that. If he wants to report it stolen, he can. He's just gonna look aweful stupid reporting something stolen when it was already turned into the police. Plus he has to fill out paperwork, and travel all the way over here to get it. So, there was a little bit of satisfaction in it.

Now...I think I'm gonna make another thread on getting a new gun :P

[Tuttle]

So the police took the gun to hold it indefinately in their holding room? They aren't going to contact the guy about it?


Why did I buy a gun safe if I can just use the police department holding room

Does this stick in any one elses craw except mine?

[catfish83861]

Originally Posted by WannaRetire

Hey guys,



We are Memphis, TN residents and for my wife's 21st birthday she was given a firearm for her birthday by her Step-Father.
He's gotten vindictive and is demanding the firearm back because it's in his name/registration.
We like the firearm, have it for our house, and dont want to give it back. What are our options?

--WannaRetire

1) Take the firearm down to a local firearms dealer and have it registered in yours or your wife's name. That way he can't be concerned about the registration of the weapon.
2) Think about how many times you have observed an attempt to retrieve a "GIFT" by a ticked off ex-fiancé. Maybe to get that expensive engagement ring or the car her gave to the lady.This also works on the ladies side as sometimes a lady will give something to a guy thinking that love is where its at. A gift is just that,a GIFT, its not a loan or on consignment,its a gift.
Now this is considering the thought that you or your wife have no major criminal background of course.Coming from wannaretire in Memphis I have a feeling that at least one of you are in the military so probably wouldn't have a problem with a background check.Your other option if your in the military is to check with base legal. They could give you any info you need. Not in the military? Check around on the phone to local lawyers to see if you can get a first visit for a nominal fee or possibly for free. In either case good luck with the step-father-in-law.Just my .02 worth anyway. catfish

[Ursus]

Originally Posted by Tuttle

So the police took the gun to hold it indefinately in their holding room? They aren't going to contact the guy about it?


Why did I buy a gun safe if I can just use the police department holding room

Wellcome Wanna!!

[berto64]

Haul him before Judge Judy. That way he gets a super dose of humiliation.......just a thought...

[JLA]

i think you did the right thing, the safest way you could do it. i know how these kinds of people are, i have a few in my family myself. you should be able to pick up a replacement for about 350 dollars in a smith & wesson sigma series
(SW40VE) to be exact. these guns are so close to the actual glocks in size, look, feel, even the way they come apart is identical. plus i think the s&w's are a little more pleasing to the eye in that the slide and barrel assembly is satin stainless instead of plain ole' black. plus they're half the price of a new glock.

[Lead Lobber]

I must admit, after reading your first comments, I don't understand your hesitation, and did not follow the responses. So I say, walk up smiling, then knock him down, and keep kicking him until he understands you will not be threatened. Keep kicking him to make sure he understands this. Then tell him politely that you are keeping the gun, because it was a gift.

Merry Christmas!

Being polite always works.