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  #41  
Old 05-15-2019, 9:57 AM
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Originally Posted by anonymouscuban View Post
My mom is still alive but my father passed about 8 years ago. I had a great relationship with my dad. My brother wasn't as close. When my dad died, my mother told me that he wanted me to have some of his really treasured things. I told my mom to give them to my brother and not to tell him about my dads wishes. I already knew that my brother wanted them. They meant more to him because he didn't have the memories I had. I also didn't want to risk a fight especially with my mother grieving.



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I don't want to hijack the thread, suffice to say you took the "High Road", and they took the way low road. I'm afraid my Wife is permanently damaged and will never recover from the whole experience.
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  #42  
Old 05-15-2019, 10:30 AM
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This sounds like an episode of the 1960s soap Peyton Place. Lots of drama and intrigue, but not much substance. Kind of like the Kardashians of gun owners.

- Lots of illegal transfers going on.
- No estate planning.
- Verbal promises that aren’t worth squat.
- No reasonable conversations between the parties involved.

You could call the popo to help resolve this issue and nobody involved will get any of the guns. Or, you could sit down and have an adult chat with granny and your uncle’s spouse about the sentimental value of the firearms and make a reasonable monetary offer to settle the issue.
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  #43  
Old 05-15-2019, 10:48 AM
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Originally Posted by OlderThanDirt View Post
This sounds like an episode of the 1960s soap Peyton Place. Lots of drama and intrigue, but not much substance. Kind of like the Kardashians of gun owners.

- Lots of illegal transfers going on.
- No estate planning.
- Verbal promises that aren’t worth squat.
- No reasonable conversations between the parties involved.

You could call the popo to help resolve this issue and nobody involved will get any of the guns. Or, you could sit down and have an adult chat with granny and your uncle’s spouse about the sentimental value of the firearms and make a reasonable monetary offer to settle the issue.
i agree with this but i think the OP wants the guns for free even though his grandfather didn't want him to have them - now OP's probably talked grandma into seeing things his way 4 years later so it's turning into a "lets figure out a way to get them back"

these firearms may have never been registered to grandpa either, if they're that old - proving ownership could be problematic - at this point what would stop the Uncles spouse from selling the guns - i don't think you need to even prove ownership when selling a firearm
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  #44  
Old 05-15-2019, 11:19 AM
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Originally Posted by TRICKSTER View Post
If he is a user of Marijuana, he cannot legally be in possession of any firearms or ammunition.
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Originally Posted by gruller65 View Post
Correct so if he refuses to let me have them then what
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Originally Posted by TRICKSTER View Post
Depends on how far you want to push it. You can always threaten to report him to the local PD.
in which case, if they decide to act on that information they'll confiscate all the firearms and good luck to the OP having any chance of getting them after that!!
Best guess is they'll end up destroyed

telling the spouse he can't legally keep the firearms due to his mj use is a great bargaining chip but i wouldn't expect him to just give them up for free
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  #45  
Old 05-15-2019, 11:32 AM
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Originally Posted by Redeyedrider View Post
FIFY



The spouse.... In this case, your Uncle's husband is next in line for the weapons.

Since all you have to stand on is a "verbal" agreement, this is what you're left with. If you take them it absolutely will be theft.



Sounds like they went through the proper chain of inheritance. Grandfather>Grandmother>Uncle (most)>Uncle's spouse
Never had paperwork done though the law as I know is transfers have to be done through paperwork not just handed over

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  #46  
Old 05-15-2019, 11:32 AM
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Originally Posted by FalconLair View Post
if you really want them maybe an offer to buy them?



or do you want them for free?



legalities aside, do you know who your uncle wanted to have them after he passed?
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  #47  
Old 05-15-2019, 11:34 AM
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i agree with this but i think the OP wants the guns for free even though his grandfather didn't want him to have them - now OP's probably talked grandma into seeing things his way 4 years later so it's turning into a "lets figure out a way to get them back"

these firearms may have never been registered to grandpa either, if they're that old - proving ownership could be problematic - at this point what would stop the Uncles spouse from selling the guns - i don't think you need to even prove ownership when selling a firearm
No no my uncle slated me to have them and has ben telling myself and grandmother for years I want to keep them in the family

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  #48  
Old 05-15-2019, 11:35 AM
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Originally Posted by FalconLair View Post
i agree with this but i think the OP wants the guns for free even though his grandfather didn't want him to have them - now OP's probably talked grandma into seeing things his way 4 years later so it's turning into a "lets figure out a way to get them back"

these firearms may have never been registered to grandpa either, if they're that old - proving ownership could be problematic - at this point what would stop the Uncles spouse from selling the guns - i don't think you need to even prove ownership when selling a firearm
That's also a problem I don't want him to illegally sell the weapons


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  #49  
Old 05-15-2019, 11:50 AM
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Originally Posted by gruller65 View Post
No no my uncle slated me to have them and has ben telling myself and grandmother for years I want to keep them in the family
getting that in writing would've been nice but, you can't have it both ways

you can't say they still legally belong to your grandmother, then, in the other instance say the uncle had the firearms slated to go to you after he passed - he's either the legal owner or he's not, and, if he's not he can't slate anything to you

have you even spoken to the spouse - what is his attitude about the guns?

as far as him illegally selling the weapons, that is arguable right now, even the legal owner is somewhat in question - if the firearms haven't been reported stolen i really don't think there is much to stop him if he did decide to sell or consign the guns

maybe someone with better knowledge than me can chime in about that
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Old 05-15-2019, 11:55 AM
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Originally Posted by FalconLair View Post
getting that in writing would've been nice but, you can't have it both ways



you can't say they still legally belong to your grandmother, then, in the other instance say the uncle had the firearms slated to go to you after he passed - he's either the legal owner or he's not, and, if he's not he can't slate anything to you



have you even spoken to the spouse - what is his attitude about the guns?



as far as him illegally selling the weapons, that is arguable right now, even the legal owner is somewhat in question - if the firearms haven't been reported stolen i really don't think there is much to stop him if he did decide to sell or consign the guns



maybe someone with better knowledge than me can chime in about that
Yeah the thing is that legally they were never transferred to my uncle ..but my uncle cleaned and maintained them after my grandfather passed .. My uncle and grandmother have lived together for years but only after my uncle passed was there a question because the spouse is laying claim to everything ...even things he does not have like two shotguns I posses currently ....the question remains does he have a reasonable claim if my grandmother my passed uncle and my father all have heard or told me that they go to me ....

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  #51  
Old 05-15-2019, 12:01 PM
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Originally Posted by FalconLair View Post
getting that in writing would've been nice but, you can't have it both ways



you can't say they still legally belong to your grandmother, then, in the other instance say the uncle had the firearms slated to go to you after he passed - he's either the legal owner or he's not, and, if he's not he can't slate anything to you



have you even spoken to the spouse - what is his attitude about the guns?



as far as him illegally selling the weapons, that is arguable right now, even the legal owner is somewhat in question - if the firearms haven't been reported stolen i really don't think there is much to stop him if he did decide to sell or consign the guns



maybe someone with better knowledge than me can chime in about that
Now my grandmother owns the house so I can get permission from her to retrieve the ..hidden..property at this point and I'm Phisicly able to. not a problem but I'm unaware of the legal ramifications if any ..he has no money and can't sue me for something he could/did not legaly own ,or in the worst case stole from my grandmother ..i want to do this the least...forward as I can but it's getting difficult based on his other actions

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  #52  
Old 05-15-2019, 12:34 PM
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Now my grandmother owns the house so I can get permission from her to retrieve the ..hidden..property at this point and I'm Phisicly able to. not a problem but I'm unaware of the legal ramifications if any ..he has no money and can't sue me for something he could/did not legaly own ,or in the worst case stole from my grandmother ..i want to do this the least...forward as I can but it's getting difficult based on his other actions
i wouldn't advocate you doing that - even though he is living at your grandmothers he could be legally viewed as a tenant - tenants have rights and if you remove those firearms from his possession you could be committing a pretty serious crime paramount to burglary

if he has no money why not make an offer for the guns?
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  #53  
Old 05-15-2019, 12:36 PM
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i wouldn't advocate you doing that - even though he is living at your grandmothers he could be legally viewed as a tenant - tenants have rights and if you remove those firearms from his possession you could be committing a pretty serious crime paramount to burglary

if he has no money why not make an offer for the guns?
Because they arnt his to sell nore legal for me to buy from him

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  #54  
Old 05-15-2019, 1:05 PM
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Never had paperwork done though the law as I know is transfers have to be done through paperwork not just handed over
This is true, but if I recall correctly, illegally obtained guns were still "transferred/obtained", and it's not legal to transfer them back to the rightful owner without doing an FFL transfer. Guns that have been "handed over", still need to be transferred back through an FFL, or a form needs to be filed with the DOJ that establishes ownership.

Someone correct me if I'm wrong.

However, If they never left the house then you may have a dog in the fight.
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  #55  
Old 05-15-2019, 1:58 PM
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Originally Posted by Redeyedrider View Post
This is true, but if I recall correctly, illegally obtained guns were still "transferred/obtained", and it's not legal to transfer them back to the rightful owner without doing an FFL transfer. Guns that have been "handed over", still need to be transferred back through an FFL, or a form needs to be filed with the DOJ that establishes ownership.

Someone correct me if I'm wrong.

However, If they never left the house then you may have a dog in the fight.
Wat?? BS. Uncle's husband has no proof they are his, or even the uncle's. No will, no transfers done, they still legally belong to grandma.

OP, go to this husband, tell him grandma wants them back (get her to agree beforehand), and get him to hand them over right now or you will call the cops and tell them a drug user is holding onto her guns. Tell him to cough them up or go to jail for illegal possession of firearms.
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  #56  
Old 05-15-2019, 1:59 PM
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Wat?? BS. Uncle's husband has no proof they are his, or even the uncle's. No will, no transfers done, they still legally belong to grandma.



OP, go to this husband, tell him grandma wants them back (get her to agree beforehand), and get him to hand them over right now or you will call the cops and tell them a drug user is holding onto her guns. Tell him to cough them up or go to jail for illegal possession of firearms.
That's what I thought... I mean my interpretation

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  #57  
Old 05-15-2019, 2:38 PM
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They have been in his possession and control for a while. Sigstroker likely wrong. Ask an attorney . He may be the defacto owner. This has come up on here a lot when someone leaves firearms in anothers control and possession. Hopefully one of our resident AC'S will chime in.
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  #58  
Old 05-15-2019, 2:40 PM
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They have been in his possession and control for a while. Sigstroker likely wrong. Ask an attorney . He may be the defacto owner. This has come up on here a lot when someone leaves firearms in anothers control and possession. Hopefully one of our resident AC'S will chime in.
Ok

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  #59  
Old 05-15-2019, 3:05 PM
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Not sure if this has been asked or answered, but why is the deceased uncle’s boyfriend still living in the grandma’s house?

How would OP characterize his relationship with the boyfriend? Great, good, so-so, strained, etc. what about grandmas relationship with the boyfriend?

What is the boyfriends opinion of these guns and guns in general?

Assuming he has no reason to still be in the house and relationship is poor all around, I personally would just go to the house, get grandma and the guns and drive straight to an FFL. It sounds like the boyfriend has no legal proof of ownership and he’s a pothead so he doesn’t really have a leg to stand on. This is not legal advice. This is my opinion only.

If the relationship is good and the boyfriend plays a critical role in taking care of your grandma, then I would have a conversation with him about the guns. Tell him which ones you want, maybe add a heart wrenching story about your memory shootin squirrels with grandpa back in the day, and see if he would be willing to just let you have them.
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  #60  
Old 05-15-2019, 3:08 PM
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Not sure if this has been asked or answered, but why is the deceased uncle’s boyfriend still living in the grandma’s house?

How would OP characterize his relationship with the boyfriend? Great, good, so-so, strained, etc. what about grandmas relationship with the boyfriend?

Assuming he has no reason to still be in the house and relationship is poor all around, I personally would just go to the house, get grandma and the guns and drive straight to an FFL. This is not legal advice. This is my opinion only.
Don't need an ffl for an interfamilial transfer

Not on great terms with him

Grandmother is ..tolerating him for now till the death is not fresh

my father is keen on kicking his out to but not immediately

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  #61  
Old 05-15-2019, 4:38 PM
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Gosh I am very grateful that I come from a functional family!!

Before my Father passed away, he asked us 3 kids at the same time who wanted what from his estate. We had a family discussion, and my sister was the executor of the estate. There was no drama afterwards by doing it that way!

I did a lot of the leg work in finding a FFL in Detroit to ship firearms out of state to my brother and myself. In agreeing as to the firearms, we played let's make a deal - and I wound up shipping firearms thru a FFL dealer here in California to both Michigan and Arizona to keep my end of the deal. It took almost a year for my brother to find a FFL dealer in Tucson for me to ship his firearms from Dad's and my collection to him after my reminding on a monthly basis to do so, and sending him emails with lists of FFLs in his area/ he was not in a hurry I guess...

Plus it involved my shipping firearms thru a FFL (and ordering them ammunition off of the internet to outside of California) to my 2 nephew's local FFL after their 21st birthdays/ a few years after my Dad passed away. I had promised my Dad to keep the family tradition of gifting firearms that he and grandpa had started with us kids those many years ago...

It only took my youngest nephew about 6 months to arrange a FFL for me to ship his firearms to him. I guess the apple does not fall far from my brother's tree when it comes to his kid, as to finalizing a firearms shipping transaction...

OP - It sounds as if you are in a pickle!

Have a conversation with the Uncle's Husband about the firearms if you are so inclined, before he is booted out of your grandma's house. I imagine that the Uncle's spouse will be ticked off at your family in general by that point!
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Old 05-15-2019, 4:52 PM
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Grandma owns the house, have her say they are her guns and she let the uncle maintain and borrow them from time to time. The is no physical evidence otherwise. Have her say the husband is trying to lay claim to property that is hers and not the uncle's. I would go find guns and have Grandma secure them somewhere. If the husband calls LEO, grandma claims them to be hers and points out that the husband is ineligible to owns firearms anyway due to the MM Card. But regardless, the guns have never belonged to the Uncle.
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Old 05-15-2019, 5:37 PM
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Grandma owns the house, have her say they are her guns and she let the uncle maintain and borrow them from time to time. The is no physical evidence otherwise. Have her say the husband is trying to lay claim to property that is hers and not the uncle's. I would go find guns and have Grandma secure them somewhere. If the husband calls LEO, grandma claims them to be hers and points out that the husband is ineligible to owns firearms anyway due to the MM Card. But regardless, the guns have never belonged to the Uncle.
That seems like a tight plan real locked down


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Old 05-15-2019, 5:43 PM
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If the husbands home of record is same as grandmas I wonder how that will play out if only he knows where firearms are. If they are in his bedroom? Cops might seize all of them. A he said she said deal.
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Old 05-15-2019, 5:56 PM
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If the husbands home of record is same as grandmas I wonder how that will play out if only he knows where firearms are. If they are in his bedroom? Cops might seize all of them. A he said she said deal.
Somthing like that but I know the locations they were prior due to my uncle being very close to me

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Old 05-15-2019, 6:57 PM
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Are these weapons Curios and Relics?

Can the Uncle's Significant other argue that the Grandfather transferred the C&R weapons to the Uncle prior to the January 2014 law change?

Just wondering.
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Old 05-15-2019, 7:36 PM
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Originally Posted by Pardini View Post
Grandma owns the house, have her say they are her guns and she let the uncle maintain and borrow them from time to time. The is no physical evidence otherwise. Have her say the husband is trying to lay claim to property that is hers and not the uncle's. I would go find guns and have Grandma secure them somewhere. If the husband calls LEO, grandma claims them to be hers and points out that the husband is ineligible to owns firearms anyway due to the MM Card. But regardless, the guns have never belonged to the Uncle.
because if you don't have the merits on your side then lying is the next best thing

regardless of how you frame it, a lie is being told - the grandfather in fact DID say he wanted the Uncle to have the firearms, not maintain them or borrow from time to time - everything else is arguable based on having only one side of the story right now
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Old 05-15-2019, 10:55 PM
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Don't need an ffl for an interfamilial transfer...
Wrong. Only granny could do an interfamilial transfer, but she does not have possession of the firearms. Uncle, if he was alive, does not qualify for an interfamilial transfer, nor would the uncle's spouse. Even if granny could *****-slap your uncle's spouse and take the firearms, would you really want your granny to lie and expose herself to potential legal consequences?

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Grandma owns the house, have her say they are her guns and she let the uncle maintain and borrow them from time to time. The is no physical evidence otherwise. Have her say the husband is trying to lay claim to property that is hers and not the uncle's. I would go find guns and have Grandma secure them somewhere. If the husband calls LEO, grandma claims them to be hers and points out that the husband is ineligible to owns firearms anyway due to the MM Card. But regardless, the guns have never belonged to the Uncle.
Just a thread full of facts assertions to the contrary that have been memorialized in perpetuity on the internet. As soon as the OP calls the popo, they have a bunch of guns and he has squat.

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That seems like a tight plan real locked down
You mean locked up, as in someone will probably talk themselves into getting charged with something.

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Originally Posted by Rogerbutthead View Post
Are these weapons Curios and Relics?

Can the Uncle's Significant other argue that the Grandfather transferred the C&R weapons to the Uncle prior to the January 2014 law change?

Just wondering.
If that is the case, the Uncle's spouse would be the legal owner under probate laws. In the absence of a trust or will, spouse gets everything unless some other relative wants to wage a lengthy and costly legal battle that would exceed the cost of the firearms.

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because if you don't have the merits on your side then lying is the next best thing

regardless of how you frame it, a lie is being told - the grandfather in fact DID say he wanted the Uncle to have the firearms, not maintain them or borrow from time to time - everything else is arguable based on having only one side of the story right now
We all know that lying is the easiest way to correct a FUBAR situation. What could go wrong? And that merit crap is old fashioned and gets in the way of immediate gratification. You must have been born before the turn of the century.
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Old 05-16-2019, 9:17 AM
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Are these weapons Curios and Relics?



Can the Uncle's Significant other argue that the Grandfather transferred the C&R weapons to the Uncle prior to the January 2014 law change?



Just wondering.
No

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