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MrNiceGuy
11-14-2013, 9:13 AM
A female family acquaintance wants to get rid of all the guns in her house.
Basically these are her ex-husband's guns.
They're divorced for almost 10 years now.
Right after the divorce, the husband left the country and haven't been back to the US since.

Obviously I know she can simply walk down to the police station and say "I don't want these in my house, take them".

I don't know the exact make and models.
But pretty sure there's no RAWs/NFAs involved......so don't even bother bringing it up.

Is there any way she can legally PPT her ex-husband's guns?
Hate to see them get turned into scrap metal.

junior40er
11-14-2013, 9:39 AM
I'll take it!

ojisan
11-14-2013, 9:52 AM
They were half hers since they were married.
If it has been ten years it's pretty obvious that her X has abandoned them.
The only possible glitch is if they were designated to him in the divorce settlement.
In which case, if she sells them and he turns up someday, she may have to give him the money she got from selling them.
But after ten years, his claim is dead IMHO.
I would tell her to go ahead with the PPTs...she might as well get the money instead of turning them in.
Even if she turned them in, she could still owe him the money.
She might as well sell them and get the bucks now.

Tincon
11-14-2013, 9:53 AM
What did the divorce court say about them? All property should have been distributed.

fizux
11-14-2013, 9:59 AM
A female family acquaintance wants to get rid of all the guns in her house.
Basically these are her ex-husband's guns.
They're divorced for almost 10 years now.
Right after the divorce, the husband left the country and haven't been back to the US since.

Obviously I know she can simply walk down to the police station and say "I don't want these in my house, take them".

I don't know the exact make and models.
But pretty sure there's no RAWs/NFAs involved......so don't even bother bringing it up.

Is there any way she can legally PPT her ex-husband's guns?
Hate to see them get turned into scrap metal.
Those are assets that should have been listed in the required initial and final financial disclosures during the divorce (she should look for forms numbered FL-140 to FL-161-ish (?), although I think some of the forms did not exist 10 years ago), and addressed in the property judgment. If all personal property went to her, then she is good to go. Otherwise, she would need to offset reasonable storage costs and essentially do a lien sale, then account for the proceeds of sale and apply them to the storage costs, yada, yada.

AFAIK, she does not need a specific court order to sell them, even if they are registered to her ex-husband. Obviously, she need to perform the transfer through a 01FFL, but she has a few more options for any that are over 50 years old.

Tripper
11-14-2013, 10:05 AM
There is nothing on ANY of the ppt/dros that requests the OWNER or REGISTERED person
It only asks the name of the SELLER
So in a backtrace, it would ultimately lead to her as the seller, heck some of those guns may not even be registered at all

stix213
11-14-2013, 11:59 AM
During the divorce, did they become her's or his? They aren't community property still.

Ritchie8719
11-14-2013, 12:06 PM
heck some of those guns may not even be registered at all

And all of them could have been reported stolen by hubby. I think I would sell one and see what happens.

Tincon
11-14-2013, 12:07 PM
And all of them could have been reported stolen by hubby. I think I would sell one and see what happens.

:facepalm:

edgerly779
11-14-2013, 12:11 PM
Post on here to sell them. She will get good money. First post list of firearms and condition of them in not for sale forum and some of us will give you an honest appraisal. Do not post in for sale forum and ask for an offer that is a big no no.

SemperFi1775
11-14-2013, 12:58 PM
she does not need to be the owner to sell them.

if she does not want to deal with buyers, sell them to a dealer is a good way to go...

chainsaw
11-14-2013, 3:08 PM
Obviously I know she can simply walk down to the police station and say "I don't want these in my house, take them".

No. But she can call the nearest police station ahead of time, discuss with them that she would like to surrender these guns, and explain that they were the property of her ex-husband, are either her property now or have been abandoned by the ex-husband, and are in her possession now.

The police will instruct her how exactly to go about surrendering them. For example, they might tell her verify that they are unloaded, put them into a large locking case or a taped-shut cardboard box, and bring them to the station. They might also send someone to meet her at the house to help with the task of unloading, packing, and surrounding them.

Little anecdote: Many years ago, the husband of a friend of ours committed suicide (using a gun). Months later, when going through old document in a file cabinet, the widow found a revolver, and a lot of rifle rounds (not pistol rounds). The widow panicked, and called me to come help secure them. I went over there, and called her son on the phone (he knows about weapons). Then I unloaded the gun, put it in the widow's safe, and locked it in there. She then had the son call the local police, who came by the house later that day, met with the son and her, and they gave the errant gun to the officer.

So this can easily be done.

Now, if she wants to make a small profit off the guns, then she has to worry about the legalities and practicalities of selling them.

Mr. Beretta
11-14-2013, 4:48 PM
sell them!

Canucky
11-14-2013, 4:54 PM
Sell them regardless as long as there registered to the owner, that's all that matters. Just my 2 cents. They pass dros good to go.

jaymz
11-14-2013, 6:08 PM
You do not need to be the "owner" of a firearm in order to be the "seller". PPT away.

Ritchie8719
11-14-2013, 6:12 PM
:facepalm:

No possible downside to them being reported stolen, tincon?

Tincon
11-14-2013, 6:14 PM
No. But she can call the nearest police station ahead of time, discuss with them that she would like to surrender these guns, and explain that they were the property of her ex-husband, are either her property now or have been abandoned by the ex-husband, and are in her possession now.

I can't help but think you are overlooking some potential liability for disposing of the property of which the ex-wife is now the bailee. Particularly through a course of action that will almost certainly result in destruction of said property. Plus, I don't really like the idea of this chick just turning over some dude's guns to the cops.

No possible downside to them being reported stolen, tincon?

I took issue with the line of thought there. Hey, this might be stolen property, I know I should try to sell it. Not great advice, even though both might be true.

BumBum
11-15-2013, 7:18 AM
If it has been ten years it's pretty obvious that her X has abandoned them. Ö But after ten years, his claim is dead IMHO.

Not true at all. The family court has continuing jurisdiction over the disposition of assets. This includes assets omitted from a Judgment. Iíve had clients come in with 20-year old Judgments seeking to divide omitted assets. There is no time limit.

What did the divorce court say about them? All property should have been distributed.

As above, it is not uncommon for assets to be omitted for various reasons. Sometimes the court reserves judgment, sometimes the parties forget about them or maybe donít see them as all that significant in the scheme of things. For example, when you are dividing real property, vehicles, pensions, and financial accounts, individual pieces of personal property often get lost in the shuffle unless theyíre very valuable (like jewelry).

The only possible glitch is if they were designated to him in the divorce settlement.

Before proceeding, yes, you had better check. This is very important above and beyond everything else.

If all personal property went to her, then she is good to go.

If the guns are not listed in the Judgment as divided or reserved, and if there is a clause along the lines of, ďall personal property currently in Wifeís possession hereby becomes her sole and separate propertyĒ, then I would say guns fall within that personal property and she would be good to go. However, please take special note of my disclosure below Ė I donít know OP or all of the facts, nor am I able to determine any such clause here to see if it meets such criteria.

The only other issue I can think of is that Wife would technically have to have a HSC to take possession of any handguns. While spouses are exempt from the other PPT requirements (with the exception if she is a prohibited person), it may not be a bad idea (just out of an abundance of caution) for her to obtain an HSC if she didnít have one at the time of the Judgment and there are handguns in the collection. Others might say that this is overkill, but lawyers are trained to operate with paranoia.

m35a2
11-15-2013, 11:30 AM
Run the s/n of said firearms on hotgunz. That could help to see if they have been reported stolen/missing.

http://www.hotgunz.com/