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View Full Version : Can a spouse get rid of your firearms?


Bug Splat
01-18-2010, 4:26 PM
Was talking with some friends the other night and we got on the subject of spouses who takes the others legal guns and dumps them off at a police station for disposal because they did not want or like them. Friend is an officer and said a number of wives will bring in their husbands guns without their consent or knowledge.

Is that legal to do? If all the firearms are registered to me can my wife take them and turn them in? This is all hypothetical. My marriage is in good standing but while we were all laughing I'm really starting to wonder. My wife is not fond of firearms but she deals with it because she knows I like them so much.

Super Spy
01-18-2010, 4:30 PM
Definitely grounds for divorce.....

bigcalidave
01-18-2010, 4:30 PM
Lol, remember how they don't care if the guns were used in a crime, they don't check serial numbers, etc? They certainly don't care who brings them in or who owns them!

forgiven
01-18-2010, 4:39 PM
Definitely grounds for divorce.....

Definitely grounds for a long walk on a short dock.:D

forgiven
01-18-2010, 4:41 PM
Lol, remember how they don't care if the guns were used in a crime, they don't check serial numbers, etc? They certainly don't care who brings them in or who owns them!

:yes:

sgtbuck
01-18-2010, 4:45 PM
My wife does not even know my safe combo....I love her, trust her and been married for 20 years but she still does not know and does not want to know my combo....:D

nick
01-18-2010, 4:46 PM
Well, unless you have a clear agreement on separate ownership of property/prenup/whatever, they're communal property, regardless of which one of you they're registered to.

Bug Splat
01-18-2010, 4:48 PM
My question is more can you file charges for the theft of said firearms? I know our local police would be more than happy to cut them in half ASAP, no questions asked but my wife would be less inclined to do so if she knew it could land her in jail and she would be kissing the kids goodbye. Divorce papers without a doubt would be filed.

Again my marriage is great. We are very very happy together. I'm just wondering, that's all.

OleCuss
01-18-2010, 4:48 PM
Your spouse can legally dispose of most of your property without your permission.

odysseus
01-18-2010, 4:49 PM
In California, community property unless otherwise arranged or inherited. What are you going to do, sue your wife?

Be sure you know whom you are married to, and also know what marriage can mean.

Bug Splat
01-18-2010, 4:52 PM
ok, thanks guys. I'll be changing my locks and combo's. I trust my wife but I know women can be crazy sometimes. I'd rather her hit me with the car then come home to an empty safe that was once filled with my grandfathers firearms.

CnCFunFactory
01-18-2010, 5:00 PM
Isn't a firearm that is registered to you, yours and yours alone, regardless of marriage? I don't recall them asking on the DROS whether I am married and if so her name and SS #....

Rob454
01-18-2010, 5:07 PM
Isn't a firearm that is registered to you, yours and yours alone, regardless of marriage? I don't recall them asking on the DROS whether I am married and if so her name and SS #....

if its purchased after you were married its community property. ( UNLESS you specifically have a prenup stating this item is mine and mine alone)
it would be no different than her buying a vehicle and registering it in her name only. its hers but its community property cause she bought it after you were married. Once you are married EVERYTHING you purchase becomes communityproperty. The only way its "Yours" is if you have a prenup and you specify in it what is yours before entering the marriage

gravedigger
01-18-2010, 5:12 PM
Definitely grounds for divorce.....

Oh ... okay. Divorce is also an option.:eek:

CnCFunFactory
01-18-2010, 5:14 PM
if its purchased after you were married its community property. ( UNLESS you specifically have a prenup stating this item is mine and mine alone)
it would be no different than her buying a vehicle and registering it in her name only. its hers but its community property cause she bought it after you were married. Once you are married EVERYTHING you purchase becomes communityproperty. The only way its "Yours" is if you have a prenup and you specify in it what is yours before entering the marriage

That's interesting thanks for the insight. Not that this applies to me but just curious how it might play out.... What if she were a Felon? Obviously she can't be in possession of a firearm would the court make you sell them etc. if it were a divorce type of situation? I realize we are getting farther off the topic but if the OP doesn't mind I'd like to hear the answer.

calnurse
01-18-2010, 5:18 PM
She turns my stuff over to the police and here comes a good baseball bat to her new 2010 Corolla :43:

OleCuss
01-18-2010, 5:26 PM
That's interesting thanks for the insight. Not that this applies to me but just curious how it might play out.... What if she were a Felon? Obviously she can't be in possession of a firearm would the court make you sell them etc. if it were a divorce type of situation? I realize we are getting farther off the topic but if the OP doesn't mind I'd like to hear the answer.

OK, I'm not the lawyer, but if you ever end up in the position where you are married to a felon might I recommend you consider divorce?

But if you didn't divorce your felonious wife I believe you could continue to own and keep guns - but you would have to ensure that she could not get her hands on them (a safe with a combination she doesn't know would probably suffice).

The really scary part is if your wife accuses you of spousal abuse. This can immediately put you in a world of hurt whether or not the charges are accurate.

CSDGuy
01-18-2010, 5:34 PM
She turns my stuff over to the police and here comes a good baseball bat to her new 2010 Corolla :43:
Nope.. you just sell it...:43:

CnCFunFactory
01-18-2010, 5:36 PM
OK, I'm not the lawyer, but if you ever end up in the position where you are married to a felon might I recommend you consider divorce?

But if you didn't divorce your felonious wife I believe you could continue to own and keep guns - but you would have to ensure that she could not get her hands on them (a safe with a combination she doesn't know would probably suffice).

The really scary part is if your wife accuses you of spousal abuse. This can immediately put you in a world of hurt whether or not the charges are accurate.

OK you actually made me laugh out loud. My wife is as pure as the driven snow so I don't have that problem it was just more a hypothetical.

wildhawker
01-18-2010, 5:51 PM
Better thread title:

"Can I get rid of my firearm-selling spouse?"

OleCuss
01-18-2010, 6:02 PM
OK you actually made me laugh out loud. My wife is as pure as the driven snow so I don't have that problem it was just more a hypothetical.

I'm glad you enjoyed it. And I was pretty sure it was a hypothetical - which is why I phrased the response as I did.

IW378
01-18-2010, 6:54 PM
Isn't a firearm that is registered to you, yours and yours alone, regardless of marriage? I don't recall them asking on the DROS whether I am married and if so her name and SS #....
Yeah, if there is a waiting period and a background check you would think that that the doj would want to know who else has access to the weapon.

bodger
01-18-2010, 7:22 PM
Your spouse can legally dispose of most of your property without your permission.


Cash, by the way, will be the first to go. :D:D

Rob454
01-18-2010, 7:46 PM
That's interesting thanks for the insight. Not that this applies to me but just curious how it might play out.... What if she were a Felon? Obviously she can't be in possession of a firearm would the court make you sell them etc. if it were a divorce type of situation? I realize we are getting farther off the topic but if the OP doesn't mind I'd like to hear the answer.

if she was a felon I don't think you can have guns around her or accessible to her. You can keep the guns off site but I dont really know how that works. I mean if a felon lived in your house same rules apply. Weather the felon is married to you or not is inconsequential. Thats my take on it.
I

parcours
01-18-2010, 7:49 PM
My wife does not even know my safe combo....I love her, trust her and been married for 20 years but she still does not know and does not want to know my combo....:D

:):):)

OleCuss
01-18-2010, 7:55 PM
Cash, by the way, will be the first to go. :D:D

Cash? Cash? I'm trying to remember what that is. I've been married a long time and I'm pretty sure I knew what that was prior to the ceremony - but I'm just not sure anymore.

Carpenter 409
01-18-2010, 8:13 PM
Well, unless you have a clear agreement on separate ownership of property/prenup/whatever, they're communal property, regardless of which one of you they're registered to.

This is not really a true statement I had an ex wife that did this in a way. She took all my weapons down her mothers house and didn't tell me. I called the LA Sheriffs office and they told them both they were a "CONTROLED ITEM" and if they didn't produce them they would be arrested for theft. The wife fessed up but the mother in law didn't want to produce them so she was put in cuffs and was almost in the car when she agreed to give them up.
And yes this was the last straw for Wife #1, shortly after she was served with divorce papers.

They are some what community property when you divorce, they are assets but then again so is all her stuff (Hair dryers, Curling Irons, Ipods, etc) too.
When you give a woman a wedding ring when you divorce you don't get it back unless she gives it to you. A gift is a gift, so if she purchased any firearms for you and you can prove it is a gift you can get them back.

It's tricky but you need a good Attorney, I was lucky my Attorney was an NRA lifetime member.

seanbo
01-19-2010, 1:12 AM
Yeah, if there is a waiting period and a background check you would think that that the doj would want to know who else has access to the weapon.

DON'T GIVE THEM ANY IDEAS!!!!!!!!!!!

socal2310
01-19-2010, 8:24 AM
Wow, some of you guys scare me!

I mean, your future spouse's view of firearms ought to be up there with religious persuasion and desire for children (or lack thereof) when determining marital compatibility!

Not that I actually gave any thought to that eleven years ago... I just got lucky, my wife loves guns and got me interested in owning them.

Ryan

bombadillo
01-19-2010, 8:53 AM
She COULD, yes but she shouldn't. And after the divorce papers are filed, sue the crap out of her for what she did. Thats bogus, period! I don't hit women but that would tempt me.

Cougar
01-19-2010, 9:20 AM
Lol, remember how they don't care if the guns were used in a crime, they don't check serial numbers, etc? They certainly don't care who brings them in or who owns them!

Wow..... so they could be stolen merchandise.

In which case they would also be "evidence".

So in such a case, they can receive stolen merchandise and destroy evidence with impunity? And make no effort to return that private property to the rightful owner?


Why am I not the slightest bit surprised?




.

RANGER295
01-19-2010, 9:36 AM
California is so hypocritical. Here are a few scenarios where the community property means nothing in regards to firearms.

RAW’s. if you have a RAW, it is yours. If you did not duel register it with your wife, then she can not take it and use it on her own. If you die, she can not keep it. If it were true community property, she should be able to have it as well even if you die.

“Hi cap mags”. If you have standard capacity mags that you had before you were married, then I think it would technically be illegal for you to “loan” them to your wife. If she took them to the range, without you there, I would think that would count as “loaning” them under the law. If you were to legally own them before you got married and try to claim that they were community property, then I would think you would be open to trouble for “giving” the magazines even if it was only half ownership that you were giving. As far as I am concerned, that is also not legally community property in the eyes of all of the law.

Handguns. I am not so sure on this one, but I do not believe that there is any way to “duel register” a handgun so it is in the name of two people. There are laws where the penalties for breaking them are different depending on whether it is registered to you or not (illegal CCW for example). If she was caught illegally CCW’ing a handgun registered to you, the misdemeanor option would not be there. Once again, this is not consistent with community property.

So, if all of the above stick, then I do not understand why the wife that took the weapons could not be charged with theft and the PD charged with receiving stolen property.

nicki
01-19-2010, 11:42 AM
Many guys get married, then kids come along and some wives want guns gone, especially with teenage kids.

Other cases a guy is violent and a woman wants to get rid of guns for fear of what her husband will do.

Those are fear related issues.

A more insidous issue is control.

When a man's guns are involuntarily taken from him, it is a form of CASTRATION.

Other forms of CASTRATION are when the wife wants you to get rid of your motorcyle, sports car, wants to control who you hang out with.

The truth is there are many manipulative and controlling women who want to turn their men into their serfs. Your job in life is to serve them.

If you are in a relationship where you can't trust your spouse, get out.

Yes, marriage is "till death do you part", but the implied implication is that both partners are going into the relationship to work together, to build a life.

Someone who goes into a marriage with the idea that they are going to involuntarily reshape their partner is not a loving spouse, and if you wind up with someone like that, your choice is get out or suffer a life of misery.

Nicki

Bug Splat
01-19-2010, 12:43 PM
Lots of good info here guys, thanks. My wife and I were married at 18. I had one 22lr when we married but was not really into guns. Bought my beloved G17 just after being married and that's when I started buying. Wife never had a problem with it. When kids came along the OCD and paranoia set in despite all the gun being locked in the safe which was locked in the closet which was locked in my office. Don't ask me why. Our kids have their own 22's now and have not once ever tried to touch or handle a firearm without me. They know they can ask at any time to hold them and I always allow it. To be honest they are quite bored with firearms. They see me with them everyday when I carry and they see cleaning them after a shoot all the time.

I have no reason to believe she would ever do this but losing my guns would be like losing a child or best friend. I have put a lot of love and time into them. They are a hobby for me. I've seen wives sell of their husbands car or boat just because they thought they were cheating. I never would but you pump enough Life-Time movies into a woman and she will think anything.

Steyrlp10
01-19-2010, 12:51 PM
I always have the flip side to a story. I had my set of guns and he had his set of guns. When we split, he took the majority of them, mine included, regardless of my name being on the registration. I work in the legal field, so I can assure you that this entire scenario is sticky. Not only is there community property, there's also separate property bought with separate funds.

You can be married and never mix money. It's not always community with a 50-50 split.

Anyhow, it was easier to start with a clean slate and not sweat the small stuff. Life is better now, plus the guns are better.

Anothercoilgun
01-19-2010, 8:54 PM
Sell the spouses TV. But that would be cruel and unusual punishment.

mycrstuff
01-19-2010, 9:15 PM
Get a C&R. You are then a federal licensee. If someone takes your guns it is theft from a federal licensee which is a federal crime. One of the first things the BATFE tells you when you get your C&R is that you must report to them within 24 hours if any of your firearms are lost or stolen.

hkfan
01-20-2010, 6:24 AM
My wife does not even know my safe combo....I love her, trust her and been married for 20 years but she still does not know and does not want to know my combo....:D

I found out the hard way that that knowing the combo isn't necessary when she knows the number of a locksmith and essentially has physical possession of the safe by virtue of it being in the residence. Luckily she eventually told me that she took them to a friend's house but only after I had the police dispatcher on the line. Yeah, that's an ex-wife now because things just kept getting worse.

Maestro Pistolero
01-20-2010, 11:10 AM
Nope.. you just sell it...:43:

Yep. For just the amount of money it would take to replace the guns, and bus fare for a year, so she can get her A** to work.

itsmrjames
01-20-2010, 12:13 PM
the real question is shouldn't you have long since lost the "spouse" in question.

Cool Hand Luke
01-20-2010, 12:23 PM
Of course but she had better get to the police station before I call the cops with her name and license number, to tell them she is in possession of an assault weapon. It's only a legal RAW in my hands. In her hands it's a felony.

maxwellca21
01-20-2010, 12:37 PM
Was talking with some friends the other night and we got on the subject of spouses who takes the others legal guns and dumps them off at a police station for disposal because they did not want or like them. Friend is an officer and said a number of wives will bring in their husbands guns without their consent or knowledge.

Is that legal to do? If all the firearms are registered to me can my wife take them and turn them in? This is all hypothetical. My marriage is in good standing but while we were all laughing I'm really starting to wonder. My wife is not fond of firearms but she deals with it because she knows I like them so much.

get a safe...DO NOT let her know the combo. Then go and tell her..."your face will have an imprint of my backhand if you ever touch that safe."




just kidding about the 2nd part.

wjc
01-20-2010, 7:57 PM
It's tricky but you need a good Attorney, I was lucky my Attorney was an NRA lifetime member.

oooh, I gotta get me one of those! :D

welchy
01-20-2010, 8:06 PM
I'd shoot my wife . . . oh wait I wouldn't have any more guns.

highpowermatch
01-20-2010, 8:06 PM
My wife does not even know my safe combo....I love her, trust her and been married for 20 years but she still does not know and does not want to know my combo....:D

Amen to that brother

Blue
01-20-2010, 8:15 PM
Reminds me of when my mom tried to return my 22 rifle back to Walmart :rofl2:

Back in '96 it was just before my 13th birthday and my dad got me a 22 rifle from Walmart. We went to Chabot one day, shot it, put it back in its box, put it in the trunk and came home. Then my dad and brother went to soccer practice and got into a terrible car accident. My dad and brother are in the hospital for two weeks and while they're gone, Danville PD calls our house and wants my dad to come pick up my rifle. It was still in the trunk of the car after the accident, with the receipt and DROS paperwork taped to the box and the police took it for safe keeping. She didn't know that my dad had actually bought me the gun, and she was UBER PISSED. She went down there, they for some reason released the firearm to my mom, and she went straight to Walmart and tried to return it. It didn't work out, and I ended up getting my rifle back :D

ElToro
01-20-2010, 8:21 PM
my dad got me a 22 rifle from Walmart.

Wallys hasnt sold guns in a long time. its fun when i go to visit my bro in texas.. he carried his shotgun out of the wally's the same day he bought it...

Blue
01-20-2010, 8:23 PM
Wallys hasnt sold guns in a long time. its fun when i go to visit my bro in texas.. he carried his shotgun out of the wally's the same day he bought it...

Dude I know....too long.....I want to say the waiting period was like 15 days or some **** then too, I can't remember.

Experimentalist
01-20-2010, 8:33 PM
... it would be no different than her buying a vehicle and registering it in her name only. its hers but its community property cause she bought it after you were married.

When my wife bought her current car the dealer asked her if she should put my name on the title. I said it's her car, she should have her name on it. The dealer said it's best to have both of our names on the title, as this would make it easier for me to dispose of the vehicle should something happen to her.

So you're saying the car is community property in either case. Then having my name on the title is merely a convenience?

five.five-six
01-20-2010, 8:36 PM
Can a spouse get rid of your firearms?

nope, she doesn't have the combo to my safe

Blue
01-20-2010, 8:37 PM
When my wife bought her current car the dealer asked her if she should put my name on the title. I said it's her car, she should have her name on it. The dealer said it's best to have both of our names on the title, as this would make it easier for me to dispose of the vehicle should something happen to her.

So you're saying the car is community property in either case. Then having my name on the title is merely a convenience?

It only makes it easier to get rid of the car. My dad bought his Caddy from a family that the grandma owned it. She died, and it was tons of paperwork with a lawyer to transfer title.

Bill Carson
01-20-2010, 10:25 PM
I know your firearms can get rid of your spouse.

davescz
01-20-2010, 10:37 PM
community property laws are dumb, who needs marriage with that kind of baggage???

rromeo
01-24-2010, 11:43 AM
My wife and I have a few things we have agreed on that are acceptable grounds for divorce, and possibly checking the person to a mental institution.
If either of us say to get rid of: dogs, motorcycles, guns, eating meat, or alcohol.