Gun Law Question

Gun, shooting and equipment discussions unrelated to CHL issues

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TreyHouston
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Re: Gun Law Question

Postby TreyHouston » Tue Aug 22, 2017 2:51 pm

Interesting call conversation. Personally, if me, i would just give the dang thing back and tell her to get gone. Unless I was just board...... :yawn
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krieghoff
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Re: Gun Law Question

Postby krieghoff » Tue Aug 22, 2017 3:21 pm

Maybe her new boyfriend has something to do with it... :biggrinjester:
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Teamless
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Re: Gun Law Question

Postby Teamless » Tue Aug 22, 2017 3:39 pm

If you want to keep the gun, sounds as if it is yours to keep

If she wants it back, and you don't want to give it, she can take you to small claims courts, as unless she is saying you stole it, it's a civil matter
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bblhd672
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Re: Gun Law Question

Postby bblhd672 » Tue Aug 22, 2017 4:26 pm

Soccerdad1995 wrote: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.


This is the one example where I would give it back without hesitation.
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allisji
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Re: Gun Law Question

Postby allisji » Tue Aug 22, 2017 4:39 pm

I assume that you have some knowledge of why she wants it back. After 6 years there has to be a reason that she so desperately wants it back. There are limitless options of why she may want it back but my mind first goes to alternative where she wants the rifle back because for some reason she feels she needs it for her own self-defense.

If this is the case and she is fearful of something or someone and wants that rifle as protection I would be inclined too give it back, however I would be careful to conduct the transfer at an FFL and do the NICS paperwork, because something may have happened that has made her a prohibited person.

After 6 years I would doubt that she would want the gun back just to give it to a new guy... unless it was a really really nice rifle. But if she does want it back just to give it to someone else, then I would personally probably still end up giving it back but transferring at FFL, however I wouldn't hold it against you if you elected to keep it.

If she wants it back because she's become a liberal anti-gun MDA lady and she wants to destroy it or something, then she can see me in court.
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Re: Gun Law Question

Postby 1911 10MM » Tue Aug 22, 2017 4:50 pm

I would give it to her and be done with it. You don't want this to escalate into something that could put your LTC in jeapordy.


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Re: Gun Law Question

Postby flechero » Tue Aug 22, 2017 6:22 pm

go shoot all the ammo you have for it and then let her take possession at an ffl at her expense. That way you are clean, regardless of what she's done or not done in the last 6 years... and if you drop it off before she arrives, you may not even have to see her. :lol:


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Re: Gun Law Question

Postby ninjabread » Tue Aug 22, 2017 6:34 pm

Welcome to the forum.

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The Annoyed Man
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Re: Gun Law Question

Postby The Annoyed Man » Tue Aug 22, 2017 6:46 pm

https://www.merriam-webster.com/dictionary/riffle
Definition of riffle. 1a : a shallow extending across a streambed and causing broken waterb : a stretch of water flowing over a riffle. 2 : a small wave or succession of small waves : ripple. ... 5 [1riffle] a : the act or process of shuffling something (such as a deck of cards)b : the sound made while doing this.

Is this thread about a riffle, or a rifle? :mrgreen:
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C-dub
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Re: Gun Law Question

Postby C-dub » Tue Aug 22, 2017 7:15 pm

Didn't you sell that rifle and buy another one for yourself or trade it for something with someone?
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SewTexas
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Re: Gun Law Question

Postby SewTexas » Tue Aug 22, 2017 9:44 pm

C-dub wrote:Didn't you sell that rifle and buy another one for yourself or trade it for something with someone?


I thought it was lost in a boating accident.....
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ScottDLS
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Re: Gun Law Question

Postby ScottDLS » Tue Aug 22, 2017 9:55 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.


You don't say whether the firearm is a gift on the 4473, only that you are the actual buyer. Which if you are buying it to give away, you are! So the gun shop paperwork is not going to show anything about someone's ultimate intent for the firearm.
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Re: Gun Law Question

Postby treadlightly » Wed Aug 23, 2017 6:02 am

SewTexas wrote:
C-dub wrote:Didn't you sell that rifle and buy another one for yourself or trade it for something with someone?


I thought it was lost in a boating accident.....


Funny and tempting, but the most defensible course is the truth. Document the transfer through an ffl, hopefully without being there at the same time she is.

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C-dub
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Re: Gun Law Question

Postby C-dub » Wed Aug 23, 2017 9:48 pm

treadlightly wrote:
SewTexas wrote:
C-dub wrote:Didn't you sell that rifle and buy another one for yourself or trade it for something with someone?


I thought it was lost in a boating accident.....


Funny and tempting, but the most defensible course is the truth. Document the transfer through an ffl, hopefully without being there at the same time she is.

My question was more of a suggestion of something that should be done rather than a lie that could be told.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.


android
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Re: Gun Law Question

Postby android » Thu Aug 24, 2017 4:45 pm

treadlightly wrote:
SewTexas wrote:
C-dub wrote:Didn't you sell that rifle and buy another one for yourself or trade it for something with someone?


I thought it was lost in a boating accident.....


Funny and tempting, but the most defensible course is the truth. Document the transfer through an ffl, hopefully without being there at the same time she is.



This is the way to go and will set a clear and definitive paper trail of ownership that protects you from any foolishness she may do with it and then try to pin something on you.

This is the kind of situation to be paranoid about.


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