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FFL's Forum For open discussion between FFLs and polite questions for FFLs. |
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#1
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Non owner sale
My soon to be ex-wife sold my XD40 without my knowledge at a gun store while I was in the hospital. She has a history of being 5150'd and was using meth while in posey ion of yhe weapon. What is the legal issues to this? Should I file a police report?
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#2
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Probably should contact the DOJ with the serial number they will be able to verify you as the prior owner and will be able to let you know if the "Legal Transfer" actually happened. If so then they may be able to give some advise. Good Luck
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#3
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Without getting into the issues involving community property, you might want to confirm that the gun was sold. You say she sold it at a gun store? How do you know this? Do you have paperwork confirming the sale? You could try to contact the local police/sheriff were you live and tell them your situation. If you in fact still have a bill of sale on the firearm in question, they might run the gun to see if there is a DROS transaction after yours. The thing I would worry about is if she sold this gun for meth to someone on the street, so you are still the last person it was DROS'ed to.
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#4
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If the gun really was sold to a gun store you should act fast as they have to hold it for 30 days in their shop.
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#5
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Was the firearm acquired while you were married? If so it is in all likelihood community property. Since she's your "soon to be" ex-wife that means she's still your wife...
Sounds like a civil issue between spouses..... Have the attorney who is handling your divorce raise the issue when your property settlement is reached. It's all about value and separation of property.
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Poke'm with a stick! |
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