Please Help!!!

This is a discussion on Please Help!!! within the New Members Introduce Yourself forums, part of the DefensiveCarry.com Forum Office category; A little late to the party, but I agree, give em back. He only wants them because he thinks you do and this gives him ...

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  1. #46
    Distinguished Member Array noway2's Avatar
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    Please Help!!!

    A little late to the party, but I agree, give em back. He only wants them because he thinks you do and this gives him pleasure. You'll enjoy not having them more than you will having them once you get your own.

    And welcome from NC.

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  3. #47
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by shannon1025 View Post
    During that time my Fiance bought me two different guns that were a gift to me, both 22's ( a rifle and a handgun).

    He is now telling me that he is going to call the cops and tell them that I stole them from him ...
    If you've got any evidence of the gifting (such as a note, card, photo of them being given to you at your birthday, or whatever), I would think that could be helpful in showing it's yours. If none, then perhaps a friend who knows can vouch on your behalf (if it comes to that). But then, your state might well require the claimant to prove it's theft and not a gift. Uncertain what your state statutes dictate on such a question, if anything.

    And you're speaking of a lengthy relationship, one that got to engagement but not marriage. State statutes will differ on such non-marriage relationships of certain lengths.

    By all means, particularly if there are some things of significant value to "carve up" with the split, and particularly since it was a lengthy but not finalized (via marriage) relationship, getting some competent state-specific advice from an attorney might be beneficial.
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  4. #48
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    Welcome to the forum. Even without the guns being an issue, it sounds like you need competent legal advise. You Ex is going to continue to cause problems one way or the other. If it isn't the guns, it will be something else.
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  5. #49
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    You just need to be very careful to choose your battles wisely when you are fighting over "things" and the emotion levels are as high as they obviously are.

    You may hire an attorney - go to court and win the two firearms and then the next morning you go outside to get in your vehicle and find it all scratched up with your tires flat and your windshield smashed and there is sugar in your gas tank.

    You call him up yelling & wanted to know why he did that to your vehicle & his reply is:..."Duh...I didn't do that! I don't know nuthin' about it!"

    So you WIN but, you lose at the same time. You can be 100% right on principle and still end up the big loser in the real world.

    Just be aware of that and then decide if two used firearms are worth it.

    I do wish you luck either way. For sure a break-up can get mighty sticky, emotionally draining, and sometimes they can get totally out of control also.

    Be careful.
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  6. #50
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  7. #51
    VIP Member Array dukalmighty's Avatar
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    To be honest it would be a civil matter and the Cops aren't gonna touch it with a 10 foot pole since you were living together any property that the other claimed to own would need to be decided in a Civil trial.The firearms could be a problem since IMHO you weren't married so he can't "GIFT" you a firearm such as going into a store and filling out a federal ATF form 4473 and stating that he was buying the gun for himself knowing it wouldn't be,but if he already owned them then he could give/sale you the firearm in what would be considered a private sale.
    Like others said the cost of both guns very likely doesn't exceed 7 or 800 dollars and a Lawyer will eat that much up,before anything gets settled.Filling out a false Police Report is also a crime and claiming they were stolen when they weren't can get him in trouble also which goes back to why Cops don't get involved in Civil Matters
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  8. #52
    VIP Member Array JDE101's Avatar
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    Welcome to the forum from SW Ohio. And best of luck to you in getting your "problem" resolved and moving on from that loser! You'll eventually find a guy worthy of you, I have no doubt.
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  9. #53
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    Honestly, and it may be too late, but you've gotten awful advice on here.
    If they were given to you, they're yours. If they're in your possession, they're yours. If you lived together, taking what's yours when you leave is not theft.

    It's a civil matter. The police can't really intervene. They can preserve the peace while property is transferred but have no say over what is whose, etc. The fact that the property is a firearm doesn't make it a police matter.

    If you were in possession he would have had to go to court and show a judge they were rightfully his. The best advice you got was to ask an attorney. A brief consult for advice doesn't cost that much, if they even charge you.

    And I see dukalmighty beat me to it, but yeah I was going on the assumption that there is no law against the private transfer of firearms in Florida. Only FFL dealers have to do the BATFE forms.

  10. #54
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    Quote Originally Posted by shannon1025 View Post
    I will get the cop to escort me because I really dont feel comfortable giving him the guns! Thanks everyone! I'll post up when I get my new guns
    Great!

    Quote Originally Posted by finst3r View Post
    Yup.
    Give them back, <through an intermediary, or with a credible witness like an officer>
    Draw up a receipt, and have it signed.

    get your Florida CWP, and pack some heat.
    You never know what's "down the road"

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  11. #55
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    Welcome from Delaware!
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  12. #56
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    Quote Originally Posted by shannon1025 View Post
    One of the guns that he bought though from his friend is still registered in the friends name.
    I was unaware that guns are "registered" in Florida. There is Federal paperwork at the time of purchase from a dealer, but - registration? Somehow, I doubt it. I suspect that the last piece of official paperwork on that gun has you ex's friend's name on it, that's all.
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    Hello! From Southeast Kansas!

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    Welcome Aboard and Greetings from Rocky Top Tennessee
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  15. #59
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    I'm a little late in coming aboard this topic but I want to welcome you & hope you'll continue being an active member.

    Your decision to let the creep have "his" guns back is the right one in my opinion. And having a PO help you deliver them is sound. I understand your wanting to take a stand & fight him for those guns but I think in the long run it'll cause you more headaches & money than what it's worth.

    Please come back on & let us know how everything turns out. Meanwhile you can search this site & find a good firearm that you can carry & you can go to a range & see if they'll rent you some to try out. The money you'll save in attorney fees can get you a real nice one or even two, a good holster, ammo to practice with & some for self defense carrying use. There are many good ideas & helpful tips on this site just waiting for you to read.

    Good luck & stay safe!
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  16. #60
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    Welcome to the forum.
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