Firearm Ownership issue

Discussion in 'General Discussion' started by WannaRetire, Feb 27, 2007.

  1. WannaRetire

    WannaRetire New Member

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    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
  2. IShootBack

    IShootBack Well-Known Member

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    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.
  3. 22WRF

    22WRF Well-Known Member

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    Tennessee doesn't register guns so where do go from there?
    He may think it's registered because he purchased it
  4. Marlin

    Marlin *TFF Admin Staff Chief Counselor*

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    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. :) :)
  5. WannaRetire

    WannaRetire New Member

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    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?
  6. WannaRetire

    WannaRetire New Member

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    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.
  7. IShootBack

    IShootBack Well-Known Member

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    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.
  8. WannaRetire

    WannaRetire New Member

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    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.
    Last edited: Feb 28, 2007
  9. Nighthawk

    Nighthawk New Member

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    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
  10. Pat Hurley

    Pat Hurley Former Guest

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    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) ;)
    Last edited: Feb 27, 2007
  11. Crpdeth

    Crpdeth Active Member

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    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
  12. cec

    cec New Member

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    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. :D
  13. pickenup

    pickenup Active Member

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

    Have all your ducks in a row.
  14. Light Coat

    Light Coat New Member

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    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.
  15. LDBennett

    LDBennett Well-Known Member

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    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
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