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hk4ca
07-30-2008, 1:24 PM
A friend of mine went on a business trip and he's going to be there for awhile. However, his wife called me and told me she wanted to leave him and she doesn't know what to do with his firearm. I called a police department and the lady said he had to sell it or sell it back to the shop he got it from. The thing here is she's moving in a week and he won't be back for another month or so. What should she do at this point?

IllTemperedCur
07-30-2008, 1:34 PM
Mini-storage? Mail the key/code to him along with the Dear John letter? Assuming no likelyhood of domestic violence, of course.

Two Shots
07-30-2008, 1:34 PM
Has she told him? Why would he need to sell it? If it's in the home he shares with her it should be safe to leave it there if the rent is still being paid. He needs to contact you and decide what to do.

tgriffin
07-30-2008, 1:36 PM
Thats simple. Call your friend, give him the heads up, ask him what he wants done with it. He can legally loan you the gun for 30 days for safe keeping.

gcvt
07-30-2008, 1:36 PM
That's what I was thinking - she can't just leave it in the house?

hk4ca
07-30-2008, 1:44 PM
well they are going separate way. She doesn't anything to do with his stuff at all. I don't mind keeping his clothes and other stuff.

If i were to keep it for him ... i can do that only for 30 days?

Dirtbiker
07-30-2008, 2:01 PM
I'm confused

Is she throwing him out of her place? (keep his stuff for him) Is she terminating the lease on their rented place.(keep his stuff for him) Is she just leaving? (leave his stuff where it is)

I hope you are not the reason she is leaving :rolleyes:

If so disreguard the above advice. Hide his gun. :D

tgriffin
07-30-2008, 2:05 PM
well they are going separate way. She doesn't anything to do with his stuff at all. I don't mind keeping his clothes and other stuff.

If i were to keep it for him ... i can do that only for 30 days?

legally yes there is a restriction on the number of days it can be in your possession without it having been dros'ed into your name. This would be especially important if the firearm in question is a handgun. Sounds like your friend will be needing a lawyer soon anyway... I believe the lawyer could take possession of the firearm on behalf of his or her client. Be very careful and make sure you don't get pulled too far into this ugliness.

bwiese
07-30-2008, 2:32 PM
- "His stuff" is still "his stuff" whether he's in town or not.

- Wife seems not to have expressed a (financial) interest in the gun.

- You could hold the handgun up to 30 days per "infrequent loan" provision
of law providing you hold a valid HSC card.

- Perhaps he can open a secure storage unit in his name via credit card and you deposit his goodies there, locked away, and mail him the key.

hk4ca
07-30-2008, 3:07 PM
It is her place and she has no interest in the gun (handgun) yes. I was thinking about opening a safe deposit for him but you need to have an account with the bank and such. I dont think he can call over the phone to authorize all the procedures that need to be done at the bank.

What if he is not back in 30 days then what happen to the gun?

And no I am not the reason why this happen. :90: :D

ar15barrels
07-30-2008, 3:15 PM
I think that the wife may be able to PPT the gun to you if you are a good enough friend that you really want to get involved.
Then when he returns, you can PPT it back to him.
That could be acomplished with one trip to a gun store for her in the next couple days.

If they are married and the gun is technically community property, this should not be a problem, especially if they are both OK with the arrangement.

packnrat
07-30-2008, 3:17 PM
I think that the wife may be able to PPT the gun to you if you are a good enough friend that you really want to get involved.
Then when he returns, you can PPT it back to him.
That could be acomplished with one trip to a gun store for her in the next couple days.

If they are married and the gun is technically community property, this should not be a problem, especially if they are both OK with the arrangement.

if the pistol is not in her name she can not sell it, needs a court order to do that.

not her property to dispose of.

JeffM
07-30-2008, 3:31 PM
if the pistol is not in her name she can not sell it, needs a court order to do that.

not her property to dispose of.

I would like to know the answer to this problem as well. I'm not in this position, nor do I plan on being there, but more for academic purposes.

If the gun is solely in the husband's name, is it still community property and is the wife able to sell/dispose of it?

From everything I've heard about ugly divorces, most property, regardless of the name on it, is community and both husband and wife have rights to it until the court divvies it up.

hk4ca
07-30-2008, 3:33 PM
the pistol is under his name. He's a very close friend and I've known him almost all my life. I dont mind doing it for him but gosh...a court order? That's even more hassle.

rivviepop
07-30-2008, 3:52 PM
This is how I would approach it:

Step 1: solve the immediate problem right now, tell the husband to "infrequent loan" you the gun. This will a) get the gun out of the wife's house, and b) reduce everyone's stress level. Lock it in your safe. The wife has gotten rid of the gun and they continue with their personal lives. The stress is already so high, you'll be doing them both a legal favor and removing a problem.

Step 2: worry about, between you and your good buddy, what to do with the gun legally. The wife - who has no interest in the gun - will be out of the picture. As mentioned, if he's not back within 30 days then it could most likely be turned over to a lawyer or somesuch, as this is an extenuating circumstance (business trip) and you are making the best possible effort to comply with the law in all cases.

That's what *I* would do, personally - split the problem up, solve half of it immediately then spend the next 30 days solving the other half. Even if the solution is that the wife has to PPT the gun (who knows!), you've removed her from the situation for 30 days to figure it out yourself and make a plan for your buddy.

ar15barrels
07-30-2008, 4:36 PM
You could also take the gun to an FFL for safekeeping.

liketoshoot
07-30-2008, 4:51 PM
You could also take the gun to an FFL for safekeeping.

ditto, Mine holds guns for people that don't have room for them all the time.
Go to one he trusts and let him hold it.

wildcard
07-30-2008, 4:57 PM
I was thinking about opening a safe deposit for him but you need to have an account with the bank and such.

So.. you planned on taking the gun to the bank? That may not end well for you :43:

I'd just tell your buddy that you're willing to hold on to the gun for him.. for 30 days.. ;)

postal
07-30-2008, 6:23 PM
Just take the gun home- with his permission of course. and hold it for the legal 30 days.

If you happen to run past 30 and he's still out of town, you forgot exactly what day you took posession.... Dont make a deal out of it, and help the guy out. You have a perfectly legitimate reason to hold it for him- and a lot can happen in 30 days- Likely his trip will be cut short, or he'll end up with a lawyer- so you dont really need a FULL plan right now- get the gun into your posession, and the plan will unfold in the coming few weeks.

Taking to an FFL for holding could be a huge PITA- what if it's older than 4473 forms, and he has no proof of ownership? What if questionable FFL's like we discuss here all the time... Remeber the thread about the DROS cancellation last week?

JMO, and it's what I would do. You could also hand it off to one of his parents legally, and they could hold it if you get up to the 30 days.

truthseeker
07-30-2008, 6:33 PM
Well what happens if the guy gets back, asks for his gun and then goes and kills his wife with it? Does the friend that is "holding" it for him get charged as an accomplice?

scrat
07-30-2008, 8:19 PM
i agree that it should not be a big deal at all to hold the gun for 30 days. If it gets close to 30 days. Take it to your local gunsmith. Tell them you want it taken apart completely cleaned and gone through the whole 9 yards. you want the gun serviced perfectly. Call you when its done to pick it up. Then you go with your friend to get it when he comes back.
On top of that he gets his gun serviced.