Gun Law Question

Gun, shooting and equipment discussions unrelated to CHL issues

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Jmeenach14
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Gun Law Question

Postby Jmeenach14 » Tue Aug 22, 2017 12:38 pm

So I have a question for the forum....
I am a CHL holder, about 6 years ago I was dating this young lady and she gave me a riffle as a Christmas gift. Things happened and the relationship ended and we both went on our separate ways. We haven't talked in many years and all of the sudden she contacted me saying she wants the riffle back. She has had multiple people call and leave voicemails and texts and has even contacted the FD I work for ask for the gun back, everything I have read online says that's once she gave me the riffle as a gift it is now mine in the eyes of the state any truth to that ???

Thank you


Soccerdad1995
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Re: Gun Law Question

Postby Soccerdad1995 » Tue Aug 22, 2017 12:44 pm

IANAL, but I don't think this is a gun specific question. The same issue would arise regardless of the nature of the gift and there are a lot of cases involving things like engagement rings that an ex-fiancé wants to keep after the marriage is called off. Generally speaking, if you can prove it was truly a gift, then you should be fine. If she can prove it was definitely not a gift, then she should be able to recover either the gun or the FMV in cash if you have sold the gun. I'm thinking she might claim that she just asked you to hold on to the gun since she didn't have a gun safe, etc. That might make things complicated.

Personally, for me, getting rid of an ex completely would be worth much more than the cost of any gun they could possibly have given me. I'd happily give her the gun just to be rid of her.
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RoyGBiv
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Re: Gun Law Question

Postby RoyGBiv » Tue Aug 22, 2017 12:44 pm

In my non-lawyer OPINION, once a gift is given it becomes the property of the recipient.
There are some legal hurdles for the property transfer to qualify as a gift.
...... Wiki LINK
I don't have any specific knowledge of any Texas case law on this subject.

Edited to fix link.
Last edited by RoyGBiv on Tue Aug 22, 2017 4:06 pm, edited 1 time in total.
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RoyGBiv
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Re: Gun Law Question

Postby RoyGBiv » Tue Aug 22, 2017 12:46 pm

Soccerdad1995 wrote:Personally, for me, getting rid of an ex completely would be worth much more than the cost of any gun they could possibly have given me. I'd happily give her the gun just to be rid of her.

I would as well. It's the kind of trouble I don't really need.
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Re: Gun Law Question

Postby ELB » Tue Aug 22, 2017 12:53 pm

Soccerdad1995 wrote:...

Personally, for me, getting rid of an ex completely would be worth much more than the cost of any gun they could possibly have given me. I'd happily give her the gun just to be rid of her.


This. And batten down the hatches. If she's bothering you after all this time, I think it's not really about the rifle.
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Re: Gun Law Question

Postby apostate » Tue Aug 22, 2017 12:54 pm

A gift is a gift. It would be bad manners for you to demand she return a necklace you gave her for Christmas, and you have no legal claim to the necklace once gifted, even if you kept the receipt. The same applies here.

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Re: Gun Law Question

Postby RossA » Tue Aug 22, 2017 1:11 pm

It would be interesting to see the federal paperwork that she filled out to buy the rifle for a third party. It might just say that she was buying it as a gift, and not for herself.
Of course, if you have *ahem* sold the rifle to someone else in the meantime...
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bblhd672
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Re: Gun Law Question

Postby bblhd672 » Tue Aug 22, 2017 1:17 pm

Jmeenach14 wrote:Things happened and the relationship ended and we both went on our separate ways.


Congrats on being able to move on and not be posting about how your soon to be ex-wife is wanting everything.

Jmeenach14 wrote:She has had multiple people call and leave voicemails and texts and has even contacted the FD I work for ask for the gun back.


Sounds like harassment, especially calling your place of employment. Perhaps you should record the calls in case harassment turns to threats.

Jmeenach14 wrote:Everything I have read online says that's once she gave me the riffle as a gift it is now mine in the eyes of the state any truth to that ???


While there are practicing attorneys on this forum, I"m not one of them. It's unlikely one of the practicing attorneys is going to offer legal advice on an open forum.

So, this leaves you with a question you need to answer for yourself: Is the rifle worth the hassle and/or the cost of hiring an attorney?

Another question might be: Where did I drop that firing pin when I disassembled the rifle for cleaning? :headscratch
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Re: Gun Law Question

Postby Pawpaw » Tue Aug 22, 2017 1:38 pm

If you do decide to return it, you might consider doing it at the FFL of your choice (at HER expense, of course).

From the sound of things, I wouldn't be surprised to discover she can't pass the background check.
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Re: Gun Law Question

Postby Soccerdad1995 » Tue Aug 22, 2017 1:45 pm

Pawpaw wrote:If you do decide to return it, you might consider doing it at the FFL of your choice (at HER expense, of course).

From the sound of things, I wouldn't be surprised to discover she can't pass the background check.


There is that. If the OP has reason to believe that his ex cannot legally own a firearm, then he definitely should not give her the rifle under any circumstances.
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Re: Gun Law Question

Postby Jose_in_Dallas » Tue Aug 22, 2017 1:50 pm

Subscribing :cool:

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Pariah3j
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Re: Gun Law Question

Postby Pariah3j » Tue Aug 22, 2017 1:55 pm

IANAL but I like to pretend I play one on TV and I stayed in a Holiday Inn Express once :biggrinjester: From watching various legal TV programs and such - from what I understood, there are 2 types of gifts legally speaking. There is a conditional gift (ie an engagement ring, it is contingent on you getting married before the terms of the gift are fulfilled) and there are 'normal' gifts - these technically should have no strings attached to them, just because the person wanted you to have it - this would be christmas/birthday/etc type gifts. Now the case I saw where this was explained was not in Texas, and it had to do with an engagement ring.

Assuming she filled out the NICS form as it being a gift, it should be easy to prove it as such in a court of law. The other thing that I would think would play a part in court is, she gave you the gun 6 years ago, if she thought it was hers and not yours, why did she wait this long to try to take possession back?

But as others have asked, is the gun's value (sentimental wise or otherwise) worth it? Ex Gfs are like terrorists, best not to give into their demands usually, but it might be worth it in this case.
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Soccerdad1995
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Re: Gun Law Question

Postby Soccerdad1995 » Tue Aug 22, 2017 2:30 pm

Pariah3j wrote:IANAL but I like to pretend I play one on TV and I stayed in a Holiday Inn Express once :biggrinjester: From watching various legal TV programs and such - from what I understood, there are 2 types of gifts legally speaking. There is a conditional gift (ie an engagement ring, it is contingent on you getting married before the terms of the gift are fulfilled) and there are 'normal' gifts - these technically should have no strings attached to them, just because the person wanted you to have it - this would be christmas/birthday/etc type gifts. Now the case I saw where this was explained was not in Texas, and it had to do with an engagement ring.

Assuming she filled out the NICS form as it being a gift, it should be easy to prove it as such in a court of law. The other thing that I would think would play a part in court is, she gave you the gun 6 years ago, if she thought it was hers and not yours, why did she wait this long to try to take possession back?

But as others have asked, is the gun's value (sentimental wise or otherwise) worth it? Ex Gfs are like terrorists, best not to give into their demands usually, but it might be worth it in this case.


If she bought the gun new and immediately gave it to OP, having never fired it herself, that is one extreme. If this was her grandfather's rifle, passed down to her father, and then to her with his express wishes that it go on to her son / daughter someday, that is probably the other extreme.

I like the comparison between terrorists and ex girlfriends. But I think it is underestimating ex girlfriends a bit.
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Re: Gun Law Question

Postby EastTexasRancher » Tue Aug 22, 2017 2:35 pm

There's a reason she's all of a sudden wanting this back. That in and of itself would worry me, and I'd almost I'd give it back in a heartbeat.

***IF you are going to give it back, I'd treat it carefully like a private sale, EXCEPT I'd get a bill of sale, complete with signatures.

Something's fishy....

But, whatdoiknow?

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Re: Gun Law Question

Postby Jusme » Tue Aug 22, 2017 2:48 pm

She still has your phone number after 6 years? :shock:
It will be your decision, I don't believe you are under any obligation to return the rifle. It was a gift, and as others have said, the actual, item is irrelevant. But, she does seem to have a real issue about it, and it may involve some type of legal trouble on her part, if she wants that gun, rather than buying another one of her own, maybe she is not legally able to do so, and you could get yourself in trouble by giving a gun to a prohibited person.

If you do decide to return, it, as others have stated, tell her you will set it up with an FFL dealer, and have her pay any transfer fees. If she refuses to do that, then it is probably in your best interest to keep it. JMHO and IANAL


ETA: If she continues to call, or have others call you, that is considered harassment, and you can file a complaint, If you are a Firefighter/paramedic, etc. the local PD will be more than happy to file charges.
Last edited by Jusme on Tue Aug 22, 2017 2:51 pm, edited 1 time in total.
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