9mmmamma wrote:Hey there I am having an issue with my ex bf. He "bought" me a Smith & Wesson m&p 9mm for my birthday! We went together and bought it from Bass Pro Shop. The background check and the gun were registered in MY name. The only thing he did was swipe his credit card. Well after we split up and he moved out he now says that the gun is his because he bought it. He says because he has "bank statements" saying he paid for it he can take it out of my name and put it into his name! Please help! Can he seriously take my gun? He swears he looked it up online and says he can do it with "review in ownership" no idea what he is talking about. He says he talked to an officer and thats what they said, but when the cops came to my house when I called them yesterday they laughed and said no he can't take my gun from me because its not like a piece of jewelry it is a lisenced registered gift and he was stupid enough to put it in my name! HELP!
I do hope you will forgive me for stepping in here somewhat late, at some length, but I will anyway since the thread seems to have drifted away.
It appears to me that your question comes close to answering itself. If I might quote it with some emphasis added to just one word, "
Can my ex take MY gun?"
If it is indeed
your gun -- personal property belonging to you -- it is unlikely that your ex can legally take it without your permission. If it is
your gun, and your ex takes it without your permission, it would likely be, at a minimum, theft. If he takes your gun without your permission, depending upon the circumstances, like when, where, and how, he may be committing a much more serious offense.
The important question, which has been pointed out several times by commentators here, is,
"Is the gun in fact yours? Is it legally and solely your personal property?"
I am not prepared to answer that question on the basis of the information I have, particularly as it is from only one party to a transaction. It may be, unique to my personal experience, that I have all the information material to the question of whose gun it is, but, with respect, I must doubt that. So very often there may be just one little fact missing which could change the whole picture and blind-side me --
a fact not recognized by the relator to be material. As just one example, you have not even told us where you are located. You might be in North Dakota for all I know. Answers to questions like yours depend heavily upon your location.
Most, if not all, police officers are well aware of this, and they, rightfully, in my opinion, will not take it upon themselves to be the judge when given what might be a hypothetical question.
I will go further and suggest that even if we assume that the gun is the property of your ex, the questions do not stop there. The use of self-help to recover a person's property without the permission of the one possessing the property, can be a complicated legal matter, depending, again, on the circumstances, and one, perhaps like your ex, who ventures to do so, can find himself in deep water with the authorities.
In my opinion you need expert advice from a local attorney who can help you, because there are laws out there which can not only answer your question but protect you if you get the right answer. If you feel you cannot afford that help, if you look in the phone book you will most likely find out where you can get free, or
pro bono, legal assistance. One quick way to locate legal assistance for those unable to pay for it is to call the local bar association or, indeed, the office of an attorney.
I will hazard myself to offer my opinion that a forum like this is not often the place to seek legal advice.
This is itself not legal advice. I am only trying to point you in the right direction. There may be legal issues out there of which I have no conception. I am not your lawyer, nor are you my client. Consult your own attorney for legal advice. There are many attorneys out there ready and willing to take a
pro bono case. Take care to not govern your actions by my personal opinions or anything else I might say.
Jim