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olafpfj wrote:If I understand the story correctly...

1) YOU still have possession of the gun
2) HE hasn't actually called the cops, he's just giving you some scare tactic story that he talked to "them"
3) YOU HAVE called the cops about the harassment and they laughed at HIS ridiculous claim

Is that about it?

Keep the gun loaded and safe from the kiddos and tell him to call Judge Judy if it means that much to him. This is a civil small claims issue, if he chooses to make it one, and he will have to sue if he wants it back. It's an obvious gift. Refrain from telling him to "come and get it" as much as I would love to advocate that...

This....

Is this "gentleman" allowed to own (posses) a handgun/firearm himself ?

9mmmamma wrote:so then I guess my question then would be how do I prove I "own" the gun. He doesnt have the serial number of the gun nothing. He doesnt even know how to shoot a gun this is all out of spite

You have the gun you don't need to show ownership. He would have to do so to get it away from you. That he paid for the gun doesn't matter, by you being the one who filled out the paperwork, and by the way there is no registration or licencing of firearms in Texas, it clearly shows that it was going to be your gun not his. You can go to the FFL, the gun dealer, where you bought the gun and ask for a copy of your form 4473. You might want to do it sooner rather than later when it might be harder to locate. This will show that at the time of the purchase you were the one who was going to posses the gun. If the FFL gives you a hard time, because not many people ask for a copy of the 4473 and they might not know if they are even allowed to make copy's, the ATF has said that there is no law or rules against providing copy's to customers at their request. Nothing saying they are required to do so either but hopefully they wont give you a hard time.

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!

It is not licensed nor is it registered. Other than that, I agree with the cops.

I agree with everyone that it is your gun, keep it and don't get bullied into giving it up. Record all conversations and sooner or later he will say something that may allow you to get a protection order. Get a copy of the 4473 if at all possible. Did you fill out the warranty card and send it in? If you did this could also prove that you were the intended owner.

Knowing you have the gun may be keeping him at bay and once you give it up he may become more brazen in his attempts to contact you.

Like others have said make him take you to small claims court and let the court decide. He has no legal claim on the gun and possession is a huge plus.

I am not a lawyer nor did I sleep in a holiday express last night. This is only my opinion.

EEllis wrote:

9mmmamma wrote:so then I guess my question then would be how do I prove I "own" the gun. He doesnt have the serial number of the gun nothing. He doesnt even know how to shoot a gun this is all out of spite

You can go to the FFL, the gun dealer, where you bought the gun and ask for a copy of your form 4473. You might want to do it sooner rather than later when it might be harder to locate. This will show that at the time of the purchase you were the one who was going to posses the gun.

I like this idea. With that said I'm surprised Bass Pro Shop let you fill out the forms while letting him pay. Many years ago I tried to do something similar for my wife at another gun store and they wouldn't let it happen.

EEllis wrote:Look either it was a gift or he committed a federal crime by having you fill out the paperwork.

This.

EEllis wrote:You have the gun you don't need to show ownership. He would have to do so to get it away from you.

And this.
Possession is nine tenths of the law, or so I heard, but I am not a lawyer.
If I have a sandwich and you claim it is yours, tough, how you gonna prove it. Say you bought it and I say you bought it for me. Clerk saw us together at the counter. You ain't takin' my lunch.
He can't take your gun. If he does, report it as theft!

jmra wrote:It is not licensed nor is it registered. Other than that, I agree with the cops.

And this.
We don't have gun registration in Texas.
Like someone else pointed out, it would be the same if it was a TV.

personally... unless its some rare gun i would just let him have it back just to keep him from bothering me. Go out and buy yourself a gun and call it lesson learned.

though i dont agree with the police.

alvins wrote:personally... unless its some rare gun i would just let him have it back just to keep him from bothering me. Go out and buy yourself a gun and call it lesson learned.

though i dont agree with the police.

Wait a minute and think about what you are saying. You are advising a single mother to just hand a weapon to an apparently unstable and potentially abusive ex-boyfriend?

In what world is that good advice?

Pawpaw wrote:

alvins wrote:personally... unless its some rare gun i would just let him have it back just to keep him from bothering me. Go out and buy yourself a gun and call it lesson learned.

though i dont agree with the police.

Wait a minute and think about what you are saying. You are advising a single mother to just hand a weapon to an apparently unstable and potentially abusive ex-boyfriend?

In what world is that good advice?

alvins wrote:personally... unless its some rare gun i would just let him have it back just to keep him from bothering me. Go out and buy yourself a gun and call it lesson learned.

though i dont agree with the police.

I might would be willing to reimburse him the purchase price of the weapon but that's about it.
Of course if he doesn't leave her alone, she could always offer to give him the business end of the weapon.

This is a property question. Gifts become your personal property and you have evidence available to prove it was a gift from him to you, i.e. the 4473 you filled out to get the gun and his credit card receipts showing he paid for it.

Chas.

Charles L. Cotton wrote:This is a property question. Gifts become your personal property and you have evidence available to prove it was a gift from him to you, i.e. the 4473 you filled out to get the gun and his credit card receipts showing he paid for it.

Chas.

And, if she were to hand it over to him, would that make it a straw purchase? (Maybe not long after the purchase, but a possible felony might dissuade him a bit...)

steve817 wrote:I guess the real question would be is it all worth it? If you are not in danger would giving it back to him make him go away? To me it appears as nothing more than something to drag out the drama of the breakup.

Absolutely not! Do not give him the gun! It was a gift, but more importantly, he sounds like the kind of man you may need to use the gun on. If he continues to escalate the issue, make sure you are prepared to use if should he come over and break in to your house. Far too many woman assume a man will not hurt them and end up paying for it with their lives. Tell him firmly that the gun is registered to you, you are keeping it and you will use it if necessary.

brhalltx wrote:And, if she were to hand it over to him, would that make it a straw purchase?

Not if it was a gift to him from her.