Mid Divorce. . . Wife Took Guns!

[Tory]

Free advice - legal or otherwise -

is usually overpriced. Here's one example:

"In your case, forget about your guns, unless the court gives them to you in the settlement."

A foolish course of action. This isn't a couch or entertainment center; these are firearms, registered in your name through a Federal agency (BATFE). It is highly likely there are also state laws concerning their ownership, possession and transfer. In short, make sure that YOU have complied with all laws concerning reporting the loss of firearms, starting with the BATFE and working your way down.

The best advice on this thread: GET AN ATTORNEY! And make sure that he/she is cognizant of the firearms issue and takes all appropriate steps.

 

[Tinker]

I think Zunfolge has a real valid point. Forget your guns. They can be eventualy replaced. If my memory is correct you need to worry about your wife (and lawyer) filing a protective order on you. I believe that, according to a national "anti-domestic violence" law that passed a few years ago that you could loose your right to own any firearms. Much less get a CCW. You might make a stink and get the guns back but if that restraining order might make thier return a moot point.

 

[TarpleyG]

registered in your name through a Federal agency (BATFE).

How you figure? I own more than a dozen firearms and not a single one of them is registered anywhere with anyone let alone with the BATFEces. Are you simply referring to the 4473 form that remains at the store you bought it from? If so, all I can say is "private transactions."

Greg

 

[Typhoon]

Yikes, Indeed!

The bitterness I have witnessed on this thread is quite scary.

The question that begs answering is, “Why did you men choose wives who are/were so, well…incompatible?â€

Were you thinking with head and heart, or....???

 

[cookekdjr]

Liberty911,
Get an attorney. Call your state bar (they should have a referral system) and find out who the best "domestic relations" attorney,ie, divorce attorney is.
Then hire them.
If you don't, you might as well grab your ankles...
Good luck,

David

 

[Yanus]

Been there.......done that! I lost a $20k collection in my divorce.

1. Lawyer up......NOW!

2. Forget your guns. Her lawyer will attempt to sell them back to you for a premium.

3. Restraining orders are usually "boiler plate", which means they are automatic when a wife files first. Don't worry about it....they are temporary until the divorce is final. At that point, they are null and void. That said, BE VERY CAREFUL not to violate the order. You will be in a world of legal hurt if you do.

4. Try to find a good female family law attorney. I did and it sure helped...
You need a woman to counter another woman.

5. Good luck............ you are in for a lot of grief until your divorce is final.


Yanus

 

[38SnubFan]

If they are in your name, call BATFE.

Very good advice.

And for all the other advice (stay away from her, get an attorney, don't make a big stink about the lost guns, etc.), you need to pay attention to that too.

As far as I know, firearms are personal property, not implements of marraige. The fact that the local police won't do anything about it is a shame. Assuming she has no practical interest in possessing your guns, I'd be concerned she'd try to use them against you, and I don't mean in a legal way either.

That being said, I also propose two things:

1) File a restraining order against HER, for the simple fact she has taken your guns and you fear the possibility of the psychopathic [woman] using them against you!

2) If you can, purchase another gun, just in case the psychopathic b*tch tries to use your taken guns against you.

Just some food for thought.

-38SnubFan

 

[duckslayer]

Parallax...

It's not a chance I'm willing to take.

You are going to miss out on one of the absolute best parts of life, IMO. And for you guys reading all of the "been there, done that" replies, there are at least as many of us here who have not "been there or done that" so please don't let the replies to one post on an internet forum jade you from committing to someone you love.

Liberty, I hope all works out OK in the end. Get an attorney if you don't have one.

 

[Parallax]

I vowed to remain marriagefree long before I read this thread.

 

[homeka45]

Just joining the choir, lawyer up ASAP. You'll get through this, and one day you'll be glad you did get divorced, irrespective of what you had to go through. My best wishes, I know how hard these things can be.

 

[Aguila Blanca]

Losing three guns should be the least of your worries. I'd be more concerned about losing my wife and breaking the oath I made to God when I married her.

Did it occur to you that she may have made the decision?

What I perceive to be your dedication to the ideals of marriage is creditable, but not helpful in this situation. Besides, the "oath" is not made to God, it is made to the other person in the marriage, before God ... IF the marriage took place in a church.

"I, John, take you, Jane, as my lawfully wedded wife ... (yada, yada)."

I'm an old phart and I've never seen any oaths TO God at any marriages over which I have presided, or which I have attended as a guest. His oath was given to her, and if she chooses to give it back by asking for a divorce, he has committed no failing in the eyes of God (or man).

 

[cracked butt]

If she's doing it just to spite you and the two of you will be splitting up property based on value, let her keep them.

None of the guns are rare or difficult to replace.

You can use that as a bargaining chip to keep something more valuable.

She won't likely be able to sell them for nearly what they are worth in the end.

 

[whm1974]

A foolish course of action. This isn't a couch or entertainment center; these are firearms, registered in your name through a Federal agency (BATFE). It is highly likely there are also state laws concerning their ownership, possession and transfer. In short, make sure that YOU have complied with all laws concerning reporting the loss of firearms, starting with the BATFE and working your way down.

Here is a thought. What happends if she sells them to other people? Would they be considered as buying "stolen property"?

-Bill

 

[rayra]

Run this idea past your divorce attorney - demand their inventory and valuation for community-property settlement purposes, and the moment you are in separate living arrangements demand their return on threat of reporting them as stolen property - they are in your name. The BATF&E is not amused.

 

[FunGunner]

Wow, I hope I never have to go through what some of you fellas seem to have been through.

calzoom:

I wish you the best sir and you go do what you gotta do, and I hope you get your guns back

The light shines brightest after climbing out of a well.




Been married 4 years, and have been best friends for 14 with my wife. In that time I have learned that trust, communication, and commitment must come before love or you and her are doomed from the start. First thing we did was learn how to argue without fighting. Yes it can be done, for those who want to learn, and those that don't well......



FG
out

 

[whm1974]

As far as the guns go, the local police should be invovled, then the state, and last the BATF&E.

-Bill

 

[Tory]

As it was already stated that

the local police refused to act, they are part of the PROBLEM; not the solution.

IF he is in a state with registration or permit requirements, the agency handling said permits/registration ought to be notified. If he is someplace like Vermont, BATFE is his only recourse.

 

[HankB]

Just echoing the best advice - YOU NEED A GOOD LAWYER. Emphasis on a good DIVORCE lawyer who will FIGHT for you, not some schmuck who spends most of his/her time writing wills.

Good luck.

 

[2nd Amendment]

The bitterness I have witnessed on this thread is quite scary.

The question that begs answering is, “Why did you men choose wives who are/were so, well…incompatible?â€

Were you thinking with head and heart, or....???

I'm for one am not bitter. She chose to literally destroy her life. She died of an anuerism while sitting in a bar. That's sad, especially considering what she could have done with her life. All her decision, from which I moved on. Discussing the tactical facts of the situation doesn't imply bitterness. The more agressive party cleans up in these situations and that's just how the system is designed.

Personally I didn't choose a woman that was "incompatible". I simply forgot that we live in the age of easy divorce and this has encouraged many people to view marriage as somehow different than other contracts. I took it seriosly. She didn't. Unfortunately she represented an apparently ever larger segment of the female population(and yes, male as well, but we seem to be behind the curve relatively speaking).

 

[LiquidTension]

I agree with filing a restraining order against her. You have a little extra leverage since you filed the police report regarding the taking of your firearms. If she's got a restraining order against her, she can't possess the firearms and would either have to give them up or be arrested for it. She would probably try to give them to her attorney, but since they aren't hers in the first place I'm not sure of the legality of that...check with your lawyer.

Next, if she doesn't know you have a lawyer, don't let her know. If she knows she'll try to speed up the process and play dirty. Of course, she's already playing dirty.

It can be expensive, but hire a PI if you have any indications that she's seeing someone else (and she probably is, as mentioned above). All we have to do in most cases is prove means and opportunity for adultery, excessive drinking, drinking and driving, or any number of other things that are easy to show. If she's already screwing somebody else, she'll probably cave when confronted with the evidence (that's what happens in 9 cases out of 10 that I work). You just have to weigh the value of the possessions that you will lose against the cost of hiring someone to document her transgressions. Even if you spend $3,000, you end up saving money in the long run if she was going to try to get alimony or any other kind of payment out of you.

I'm not a lawyer, so I can't tell you about the laws in your state. I do, however, work domestic surveillance cases on a regular basis. You'd be surprised what idiots do when they think nobody is watching. And THEY'RE surprised when it shows up on video in court.

 

[whm1974]

Next, if she doesn't know you have a lawyer, don't let her know. If she knows she'll try to speed up the process and play dirty. Of course, she's already playing dirty.

Divorce is a nasty business... Who plays the dirtest wins.

-Bill

 

[stevelyn]

That is why shacking up is preferable to marriage. You don't need a lawyer to opt out. You only have to have a break-up and move out briefly every few years to circumvent any common law marriage from kicking in. Property you aquire is your's, property your partner aquires is theirs. Always have an escape plan in place to safeguard your property (ie move your stuff out while the other is away) and maintain a place of your own somewhere.

 

[TinCup]

Sue her in small claims court.

My brother sued his wife when they split because she stole one of his guitars (he's a professional musician). The small claims judge not only found in his favor, but made her go home and get it and bring it back to the courthouse and give it to my brother in his presence.

He had the receipt with his name on it and a letter confirming he had registered the lifetime warranty with the manufacturer. Judge took all of about 15 minutes in deciding in my brothers favor.

 

[XLMiguel]

Hmmmm. It is clear that you did not marry an honorale person, as using this kind of chickenpoop argument of 'intimidation'' against you. Proceed accordingly - burn the bitch to the ground. I SAY AGAIN, GET A GOOD LAWYER. There is much wisdom in 'he who plays dirtiest, wins.' She will do it to you.

Be a winner. Best of luck.

 

[CAS700850]

THere has been some advice about seeking a restraining order/protaction order. There may be some merit to that advice, but I must advise you to not exaggerate,get creative, or outright lie in order to get one issued. Anything you do in this way will surely come back to haunt you later, as you will be questioned about it in Court. If caught in a lie, you will have lost credibility with the judge, which will damage you throughout the case.

Again, get a lawyer, and get a good one.