Okay, boyfriend is big pain. Have not talken with him in over year (don't want to). However, I have the gun and I want it to be in my name. Due not know if I can some how get it in my name, due to I paid for it?
2007-02-05 03:41:48 · 15 answers · asked by Carmenlee 1 in Politics & Government ➔ Law Enforcement & Police
If you bought it thru a shop, it should be registered in YOUR name, unless you just stood there and handed him the money. If it is legal, I would just try to find someone I could trust, like a relative, and sell it to them and be rid of it.
Regrettably, even with all the asinine gun control laws we are forced to contend with, it's still pretty much that possession is 9/10's of the law. I had a tw at girlfriend rip me off for a pistol that was worth more than she was, and, when I went to the cops, that is about all they would tell me, even tho the piece was legally registered in my name.
2007-02-05 04:26:58 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Buying a gun for someone else is illegal. It is called a "straw purchase." So there was your first illegal act. If the gun was purchased under his name and he knows you have it and he wants it back, you technically have "stolen" the gun. So there is your second illegal act.
You have many choices.
1. Call him up, have him come over and give him the gun. (Make sure there is no ammo around. ) Totally legal.
2. Call him up, have him come over and ask him to sing a receipt that he is giving you the gun. Also totally legal but he probably will not do it.
3. Fake a receipt from him. Illegal and it could come back to haunt you if you ever had to use the gun.
4. If he has forgotten about it, keep your mouth shut and just hang onto the gun. Also illegal, but does not add to the list.
5. Go to a gun show and sell the gun. In most states you can sell it to another individual without having to do back ground checks. Illegal
6. Pawn the gun then leave it at the pawn shop and never pick it up. Illegal.
7. Have someone cut the gun up so it can not be used then throw it away. Illegal but none of the anti-gunners will bother you because you destroyed a perfectly good gun. They may give you a medal for it.
8.. Cut the gun up THEN give it back to the boy friend. Same as #7 but probably would make him mad.
9. The next time they have a "gun buy back" (HA HA) take the gun down and you will get maybe $50 for it legally.
10.. Best bet is to get rid of it and get a gun you actually bought for yourself in YOUR name....
2007-02-06 03:05:25 · answer #2 · answered by forgivebutdonotforget911 6 · 0⤊ 0⤋
(Assuming US)
There are two parts to this question.
First, do you legally own the gun? With most property, you can make an ownership claim if it's been in your possession and abandoned for a certain period of time. There are certain requirements, but... I think you have a reasonable chance of making an ownership claim.
However, unlike real-estate, there isn't a way to convey "title" to a gun. Basically, you need to claim "ownership" of the item until your BF takes you to court to get it back. The judge will then decide if the BF should get his property back or not.
Note that the fact that you paid for it does not really help you, since a judge will likely see it (as your BF did) as a gift. Unless you can show proof that it was not.
Second part of your question has to do with registering it. Gun registration is NOT the same a recording title on real estate. It's purpose is to track who has a gun, basically.
You should be able to apply for ownership of the gun. Simply apply for registration as you normally would.
This will not guarantee that you have ownership, however, although it might help.
Be aware that if the gun was used in a crime, you can find yourself in trouble.
You should NOT continue what you've been doing, which is to have a gun in your home which is not licensed to you.
Personal belief about guns aside, if you want to have the gun, you should get yourself the applicable license and registration.
My suggestion: you should send the BF a letter, certified mail/return receipt, stating that you have the gun and will return it to him, if he claims it within 30 days. State that after 30 days, you will take ownership of said gun. Make sure that the letter includes the statement that he's abandoned the gun for a year.
2007-02-05 11:59:11 · answer #3 · answered by Jay 7 · 0⤊ 0⤋
Either way you will have to re-register the weapon. If your boy friend is a convicted felon the gun may be seized; by the authorities; and more reason for you to see a gunsmith or local police to get your gun registered.
You don't want to have a bad hair day carrying a concealed weapon or have a bad hair day protecting your life in your home with an unregistered weapon... Looks bad if you have a bad episode of luck. Check your local state penal code on the internet.
It tells you the penalties for violations.
2007-02-05 11:48:20 · answer #4 · answered by Anonymous · 2⤊ 0⤋
If you have a receipt, the weapon is yours because it was YOUR name completed on the paperwork to obtain the weapon in the first place!
The weapon, presuming a handgun, is a bit different than "mutual property" as some have indicated.
Additionally, if either possessor of the weapon is a convicted felon...the possession is in violation of federal law. If found to possess the weapon or even ammunition for the weapon, you can be prosecuted federally under the "ICE" program for which there is a mandatory sentence of 5 years.
My suggestion is that you contact an attorney in your local area familiar with the laws of your state or even the District Attorneys Office for further assistance.
Best wishes!
2007-02-05 12:41:48 · answer #5 · answered by KC V ™ 7 · 0⤊ 0⤋
Everyone is giving long answers. In a nut shell if the gun is registered to him he needs to sign it over to you. You need to check with your local police on the procedure for this. If he refuses to sign it over but you have receipts for the gun to prove your story sue him in small claims court for the gun. Or if all else fails the frame with the serial number on it is the only part that is registered just give him that only and buy yourself another frame.
2007-02-06 05:00:19 · answer #6 · answered by ofcalipka 1 · 0⤊ 0⤋
There are so many wrong answers in here it makes my head hurt. Guns are not "registered" in the US, except in a few states. (Indiana is not one of them). As long as you are allowed to own a gun, then it's your gun unless somebody can prove you stole it. Oh and FYI it's perfectly legal to give a gun as a gift unless you know the person can't legally own it. A "straw purchase" is when you buy a gun for somebody because they wouldn't pass the background check, NOT when you buy a gun and then give it as a gift.
2007-02-08 13:27:34 · answer #7 · answered by benminer 3 · 0⤊ 0⤋
First off: If YOU bought the gun and filled out the 4473 paperwork, the gun IS in your name, not your ex-boyfriends. If you just paid for it and he filled out the paper work its in HIS name. To transfer it over depends on the state in which you live. Check with local Law Enforcement.
2007-02-05 11:50:16 · answer #8 · answered by Anonymous · 1⤊ 0⤋
If you signed the FFL form 4473 to get the handgun, and you paid for it, then it is your property. If you mean that the gun is registered in his name under your local laws, then you can re-registered it in your name. Bring the receipt and paper work with you when you do this, to prove you have ownership to the gun.
2007-02-05 16:01:34 · answer #9 · answered by WC 7 · 0⤊ 0⤋
Unless he allows you....no you cant. If he wants to give it to you then yeah. But when you had it registered in his name, well its his property.
Why would you do that anyways? To buy a gun with YOUR money and put it in his name?
2007-02-05 11:44:41 · answer #10 · answered by Anonymous · 0⤊ 1⤋