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travism
04-21-2009, 6:23 AM
I lent my soon to be ex father-in-law a 1911 style handgun and now am having difficulty getting it back. What would be the easiest way to get it back?

MSL209
04-21-2009, 6:46 AM
What kind of difficulty? The easiest would be to ask him to give it back. If he won't, push may have to come to shove and the law may be required to get your weapon back.

travism
04-21-2009, 6:48 AM
i have asked and he says "No you sold it to me" which I never did.. It is fully registered to me.

hybridkarpower
04-21-2009, 7:00 AM
Tell him you'll report it "stolen", then he can deal with the consequences of posessing a stolen gun !! Based on the info you'd provided, he won't have any ppwk to prove to LE that he'd legally purchased the gun.

bombadillo
04-21-2009, 7:03 AM
Then it goes into the abyss because he'll sell it to some schmuck and say it doesn't have papers and make some money and he'll lose his gun till it becomes a murder weapon.

pTa
04-21-2009, 7:13 AM
I lent my soon to be ex father-in-law a 1911 style handgun and now am having difficulty getting it back. What would be the easiest way to get it back?
You can always take 'im to small claims court.

-Is there anything he's bought for you/ or money loaned / etc that might muddy the waters legally speaking?
-Also, where does he live in relation to you? If he's in another state or county, it could complicate matters as well.
-How long has he had this handgun in his possession?
-Got any witness besides the ex-wife to be that the giving of the 1911 was a loan?
-Is it a Llama?

You really should think about posting a little more info when asking questions like this.

CHS
04-21-2009, 7:30 AM
I lent my soon to be ex father-in-law a 1911 style handgun and now am having difficulty getting it back. What would be the easiest way to get it back?

Go visit him with a Police Officer in tow.

If you sold it to him, you would have done it legally at an FFL and the gun would now be registered to him. Make sure the officer understands that. The officer can pull up the registered owner of the handgun very easily from his cruiser.

If the gun is still registered to you, then you have not sold him the firearm (because that would be a violation of CA law, and you did not break the law. Right?), but instead lawfully loaned it to him for a short period of time. Now you simply want it returned after the lawful loaning period is over.

travism
04-21-2009, 7:34 AM
that is exacly what it is Bdsmchs.

HK Dave
04-21-2009, 7:34 AM
Better start making recordings of your correspondence. It is very important you are able to prove the gun was not in your possession against your will should the gun ever be used for the wrong purpose.

AKman
04-21-2009, 8:03 AM
It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code section
12071, to sell, loan, or otherwise transfer a firearm to a non-licensed person unless the sale, loan,
or transfer is completed through a licensed firearms dealer. (Penal Code 12071, 12072, 12082.)
.
.
.
2) The dealer licensing and reporting requirements do not apply to the loan of any firearm in the
following instances:
Infrequent loans of firearms between persons who are personally known to each other for any
lawful purpose, if the loan does not exceed 30 days in duration. (Penal Code 12078(d).)


I would give him a chance to return the gun or you report him to the DOJ BOF for violating the above loan requirements.

fairfaxjim
04-21-2009, 8:13 AM
i have asked and he says "No you sold it to me" which I never did.. It is fully registered to me.

I personally would NOT get the police involved - for one you don't want them in your business, particularly where there is a firearm involved. They seem to like to handcuff everyone and let the DA sort it out. I wouldn't want that if I was dealing with anyone who had "ex" in their connection to me (even soon to be.) It would just add multiple layers of stupidity onto an already bad situation, and it wouldn't have to turn very far left for you to find yourself with a TRO slapped on you, and with a handgun involved directly in the TRO, good luck with that one. Calm and thought out is the way to go on this one.

Don't say anything to anyone on the other side from this point on! It can and will be used against you (her attorney will just wet themself with a gun dispute between you and her father if this is a divorce.)

What I would do is write out a very clearly worded letter that describes to your ex's father the TRUE FACTS of the situation. If there was ever any discussion about selling it to him, and he has given you anything that could be even remotely considered payment, you must refute that clearly and truthfully. If it is as you say, a loan of a handgun that was not returned, you need to outline how that is so, and how a sale could not have been intended as that would require a completely different set of steps due to CA law, and clearly indicate that you had, and still have, no intention of violating those laws. A few items to consider:
1. For it to be a loan, it should be less than 30 days in duration.
2. He is required to have a valid HSC card even for you to loan it to him.
3. Absolutely no transfer of a firearm, other than a loan can be made without an FFL and a DROS involved (he is not an immediate family member.)

I would NOT threaten to report it stolen at this point. I would also set a time limit for return of the firearm, and if he tries to contact you, I would tell him that at this point, since there are clear violations of law involved, you can only discuss this in writing. If he then fails to see any reason and return the firearm, I would probably then, again in writing, tell him that I was going to report it stolen if not returned within a set time. Just be ready for some silliness on the part of LE too. Also, do not get suckered into an argument with your "soon to be ex" over this matter - it will most likely not end well for you it that happens.

Good luck with this one, and stay cool and NEVER LET THEM SEE YOU ANGRY!