ex husbands gun

[Warners]

A female friend of mine is in posession of her x-husbands shotgun. They've been divorced for 7 years and he has not asked for it or spoken about it. She wants it out of her house and has offered to give it to me. I like free guns as much as the next guy, but it's definitely not worth getting in trouble over. What would you do? What is my exposure here?

Thanks in advance,

Warner

 

[Sky]

She should call him and offer the gun to him. Failing that if you know him you could take the gun and give it to him. You could help her sell it. If that is not one of the options enjoy your new gun.

 

[oneounceload]

Exposure to what? Was it hers in te divorce decree or is or just whomever's possession it wound up in

She could always ask the ex if he wants it - he says no then she is free to dispose of it as she feels fit (assuming no local laws prohibiting that)

 

[Sam1911]

In most places, there would be little concern as the gun would be merely part of the household items split up in the divorce and whoever ended up in possession of it could dispose of it as they wished.

But, you're in IL. That may cause some concern. Does the lady even have an FOID? If not, she's illegally in possession of that gun and any ammo that might be with it. (Read: http://www.nraila.org/statelawpdfs/ILSL.pdf) If she is legally in possession of it, it looks like she could sell it to you, but will have to keep records of the sale for 10 years and must withhold the gun for a 24 hour waiting period.

I'm sure some IL residents who've sold guns privately will be along to advise soon.

 

[Warners]

I have no idea what's in the divorce papers. They are apparently not on speaking terms. I don't know him...she's more of an acquaintance than a "friend". Her story is she just wants it "out of her house". She was going to turn it into the police on one of their "gun turn in" deals. I woudln't mind having it, but certainly don't want to be in posession of a stolen gun. I live in Illinois, if that has any bearing on anything.

 

[Warners]

In most places, there would be little concern as the gun would be merely part of the household items split up in the divorce and whoever ended up in possession of it could dispose of it as they wished.

But, you're in IL. That may cause some concern. Does the lady even have an FOID? If not, she's illegally in possession of that gun and any ammo that might be with it. (Read: http://www.nraila.org/statelawpdfs/ILSL.pdf) If she is legally in possession of it, it looks like she could sell it to you, but will have to keep records of the sale for 10 years and must withhold the gun for a 24 hour waiting period.

I'm sure some IL residents who've sold guns privately will be along to advise soon.

Actually....if you inherit a gun, you don't need a FOID to sell it. The "transferee" (me), needs to have a valid FOID, which of course I do.

Warner

 

[Sam1911]

Actually....if you inherit a gun, you don't need a FOID to sell it. The "transferee" (me), needs to have a valid FOID, which of course I do.

Right, but she didn't inherit the gun. He didn't die and leave it to her. If she is in possession of it, she needs an FOID. Whether or not she can lawfully sell it, when she (perhaps?) is illegally in possession of it, I'm not sure.

I woudln't mind having it, but certainly don't want to be in posession of a stolen gun. I live in Illinois, if that has any bearing on anything.

If he hasn't reported the gun as stolen (and no previous owner did either) then you have no concerns there.

Even if it did prove to be reported stolen at some remote time, and somehow the police happened to run your gun's serial number for some hard-to-fathom reason, then you'd lose the gun -- but you couldn't be arrested for stealing it if there was no evidence that you actually had done so.

Now, if that were somehow to happen, you'd tell the authorities who sold it to you and they'd go talk to her. (There might be some unpleasantness for her over the (?) illegal possession, or not...hard to say.) She'd pass that buck back to her husband who'd bought the gun three turns up the trail, and on they'd go until they lost the trail or figured out who stole it.

 

[Dan Bear]

I think it all depends on the shotgun. No sense in risking it for a P.O.S.

 

[Sam1911]

Um, no sense risking it for a Krieghoff, either. Felonies do bad things to your 2nd Amendment rights, among other things.

 

[Warners]

I have 2 copies of a form that I filled out that basically states that she inherited the gun and has all my info (as well as hers), including signatures and FOID card number, etc on it. It would at least show that I was not knowingly breaking any laws, and she would be stating that she was legally allowed to get rid of the gun. Beyond that, I don't know what else I could do to protect myself. If this is questionable at all, I'd rather not take the gun.

Warner

 

[NavyLCDR]

I have 2 copies of a form that I filled out that basically states that she inherited the gun

So, someone lied on the form? She did not inherit the gun, nobody died and left it to her.

 

[frankenstein406]

It would be a living inheritance I believe.

 

[NavyLCDR]

How about this, then....

A female friend of mine is in posession of her x-husbands shotgun. They've been divorced for 7 years and he has not asked for it or spoken about it.

Whatever you want to call it, if the female friend does not have an FOID card, she has been in illegal possession of the gun for 6 years and 10 months:

(430 ILCS 65/12) (from Ch. 38, par. 83‑12)
Sec. 12. The provisions of this Act shall not apply to the passing or transfer of any firearm or firearm ammunition upon the death of the owner thereof to his heir or legatee or to the passing or transfer of any firearm or firearm ammunition incident to any legal proceeding or action until 60 days after such passing or transfer.
(Source: Laws 1967, p. 2600.)

According to this pamphlet:
http://www.isp.state.il.us/docs/9-049.pdf

both parties involved in a private firearms transaction must possess a FOID in Illinois.

 

[Sam1911]

It would be a living inheritance I believe.

She's inheriting a firearm from her still living ex-husband? I can't imagine how that has any legal validity.

 

[MedWheeler]

You're in Illinois, and that appears to present more hassle than pretty much anything along these lines is worth. I'm not there, so I can only go by what I hear and read. From what I have, I'd just tell her to hang on to it until the next police "buy-back", then go get rid of it, pocket a couple of bucks, and leave me out of it.

 

[Warners]

You're in Illinois, and that appears to present more hassle than pretty much anything along these lines is worth. I'm not there, so I can only go by what I hear and read. From what I have, I'd just tell her to hang on to it until the next police "buy-back", then go get rid of it, pocket a couple of bucks, and leave me out of it.

You know what? I think this is exactly what I'm going to do. It's not worth it to me.....

Thanks guys,

Warner

 

[Frank Ettin]

It would be a living inheritance I believe.

What even makes you think there is such a thing. There is not (http://dictionary.law.com/Default.aspx?selected=960):

inherit

v. to receive all or a portion of the estate of an ancestor upon his/her death,...

 

[mgkdrgn]

I have 2 copies of a form that I filled out that basically states that she inherited the gun and has all my info (as well as hers), including signatures and FOID card number, etc on it. It would at least show that I was not knowingly breaking any laws, and she would be stating that she was legally allowed to get rid of the gun. Beyond that, I don't know what else I could do to protect myself. If this is questionable at all, I'd rather not take the gun.

Warner

Well, if you don't take it I'll ship her a pre-paid FedEx ground box and she can send it to me. ;-)

 

[dprice3844444]

notify his attorney or just call him.

 

[Shadow 7D]

notify his attorney or just call him.

yeah, or remove the gun from the state (legally)

still would let him know about the gun, just don't take possession of it until you can be sure it's legal to do so.

 

[CoRoMo]

If I could find myself in your shoes, I'd call him and ask him if he still wants it. I'd wager a pretty penny that he's forgotten about it, but would probably like to have it back.

 

[Warners]

Guys, I don't know the guy or how to get in touch with him, and it's readily apparent to me that she has ZERO interest in contacting him. Having said that, I let her know that I wouldn't be comfortable taking the gun, given the circumstances. Done deal. I'm walking away from it, case closed.

Warner

 

[NavyLCDR]

Besides, assuming the woman does NOT have an Illinois FOID, the ex-husband is called (if found), he calls the coppers and the coppers bust in the woman's door with a SWAT team because she illegally possess an arsenal of weapons of mass destruction in her hall closet.

 

[1KPerDay]

I just hope it's not some nice A5 or Superposed or parker or something that's going to get sawed in half by the local cops.

 

[Warners]

870 express....


Warner