In 1998 I purchased a Rifle(30 06) and I had it registered in my name when I bought it.A year later I divorced my husband and moved but could not bring my gun at that time and my ex agreed to give it to me when I asked 4 it back.
He refused to give it to me but now he only has weeks of his life left due to cancer and I asked him again to give me my gun but he refuses and wants to leave it to his brother.Seeing it is still registered in my name.Can I Get it back?If so..Who do I contact in order to do so?
2007-01-09 02:53:04 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If it was purchased and registered in your name, it is your property until you transfer it. Was it part of the divorce settlement? If it is not explicitly included, report it as stolen property. If a crime is committed with that gun, you can be held partly responsible if it is not reported as stolen or transferred. Do it quickly before it goes into probate, or, if he has a will, is bequeathed.
2007-01-09 03:32:52 · answer #1 · answered by john_stolworthy 6 · 0⤊ 0⤋
Can you just take it peacefully? If so, do that. It's yours and it's legal to have it, so it's not stealing. If you can't do that, file a notice of claim against his estate when he dies. This is a little difficult, because you'll have to glance at the legal advertisements in your local newspaper every day to see when his probate is filed. The notice will be easy to find. It will start out as: "In the Matter of the Estate of XXX". After his probate is filed, you have 90 days to file a claim for the rifle. You do not need a lawyer to file the claim. Put the name of the deceased and the case number on a letter and send it to the Court handling the probate and the executor of the estate. If the claim is denied, then you may want to spend the money for a consultation with a probate atty. It's too soon to tell that, however. If they do NOT deny your claim, you get the gun back. Your task is to watch for notice of his probate. If he has a Will or owns real estate, his estate must go through probate.
2007-01-09 04:10:50 · answer #2 · answered by David M 7 · 0⤊ 1⤋
If the gun is registered in your name you may be able to contact your local police department for assistance. You also may have to get a lawyer to do this. If you purchased it, there would be a record of it, and since it is registered to you, by all means, get it back. Anything that is done with this rifle could come back on you and you may find yourself answering some unpleasant questions.
2007-01-09 03:00:30 · answer #3 · answered by David L 6 · 0⤊ 0⤋
your local police. all you have to do is call your local police department and tell them you need an escort to your ex-husbands home so that you can retrieve your gun. Tell them that your ex-husband wont give it back to you and it is liscensed under your name and you dont want anyone to end up using it and you being charged for some crime that may occur. The police are more than happy to help people out in your situation.
2007-01-09 02:59:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
File immediately in Small claims court, take your paperwork, hope he can attend when subpoenaed. If he can't file a complaint with local police, ask for civil standby the retreive your property, again, show COPIES oof your paperwork. That should work.
2007-01-09 03:01:19 · answer #5 · answered by Gunny T 6 · 0⤊ 0⤋
Call the county sheriff and tell him that a gun registered in your name is in someone else's possession. They will help you get it back.
2007-01-09 02:58:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
yes you can get it back. contact the 5-0.
2007-01-09 03:30:54 · answer #7 · answered by Anonymous · 0⤊ 0⤋
depending on your state laws, but usually if you have a bill of sale or registration with your name on it, it is yours.
2007-01-09 02:58:14 · answer #8 · answered by ike 2 · 1⤊ 0⤋
threaten to report it stolen,if that don't work,report it stolen.
2007-01-09 02:57:09 · answer #9 · answered by J Q Public 6 · 2⤊ 0⤋
PHONE THE SHERIFF AND EXPLAIN IT TO HIM
2007-01-09 03:00:29 · answer #10 · answered by Anonymous · 0⤊ 0⤋