As the header says it is about transporting firearmsacross state lines.
If a husband and wife seperate and, she takes all his guns and leaves the state is there anything that can be done and, if so what?


She has taken them from N C to Ohio if that matters.

Isn't that called "stealing?"

Was there a separation agreement or divorce decree showing the division of assets?

If not, that is still jointly owned property.

quote:

Originally posted by SIG 229R:
As the header says it is about transporting firearmsacross state lines.
If a husband and wife seperate and, she takes all his guns and leaves the state is there anything that can be done and, if so what?


She has taken them from N C to Ohio if that matters.

It depends on the marital property laws of the state that has jurisdiction over their marriage. This is not a firearms question, but a marital property law question. I don't know the answer in either of those two jurisdictions.

I presume they are still married and not yet divorced. If they are already divorced, one should be the clear owner of the property.

Sig2340, one could have separate ownership of the property even if they are married. Again, that depends on the marital property law of the state involved.

In a state which registers guns, and requires all transfers go through FFL with various delays, like Whackyland, a firearm is registered, transferred, in the name of the buyer.

If you “give” a gun to a spouse, are you required to do the transfer? Even in a presumptively community property state like Whackyland?

I agree with JAllen. Who's name were they originally purchased under? If it is not the wife's name, it would be stealing until the ex-hubby transfers them to her name. If the divorce decree does not stipulate that they belong to the woman, I would contact the police in her new location.

quote:

Originally posted by JALLEN:
In a state which registers guns, and requires all transfers go through FFL with various delays, like Whackyland, a firearm is registered, transferred, in the name of the buyer.

If you “give” a gun to a spouse, are you required to do the transfer? Even in a presumptively community property state like Whackyland?

Yes when we gift a gun to a family member it is suposed to be done thru a buyer permit or your CCP (which serves as buyers permit in my state).

I would report them stolen to the police and report her to the ATF for illegally possessing firearms. If these are pistols then to take ownership of them in NC she would need a concea carry license or pistol purchase permit.

If an attorney was used for a divorce, talk with that attorney. It’s not going to make it better by involving too many government entities in your personal affairs. Good luck with your decision.

Why is it that, despite my warning that marital property law controls and that it can vary widely from state to state, people are still willing to pronounce that it would be a stolen gun?

In Texas, if the divorce isn't final (which seems to be what the poster suggested), it would not be theft that any DA would charge. The family court may order its return pending the outcome of the divorce, but that is a far different thing.

I shouldn't complain. Misapprehensions about the law are a fertile source of business for me. I always know I'm in for a rough time when a client starts in; "In my friend's divorce . . . " or "I read on the internet . . .."

quote:

Originally posted by jhe888:
Why is it that, despite my warning that marital property law controls and that it can vary widely from state to state, people are still willing to pronounce that it would be a stolen gun?

In Texas, if the divorce isn't final (which seems to be what the poster suggested), it would not be theft that any DA would charge. The family court may order its return pending the outcome of the divorce, but that is a far different thing.

I shouldn't complain. Misapprehensions about the law are a fertile source of business for me. I always know I'm in for a rough time when a client starts in; "In my friend's divorce . . . " or "I read on the internet . . .."

Even if not stolen in the state of North Carolina it’s still illegally possessed unless he transferred the gun to her legally via a carry license or purchase permit.

quote:

Originally posted by Dusty78:

quote:

Originally posted by jhe888:
Why is it that, despite my warning that marital property law controls and that it can vary widely from state to state, people are still willing to pronounce that it would be a stolen gun?

In Texas, if the divorce isn't final (which seems to be what the poster suggested), it would not be theft that any DA would charge. The family court may order its return pending the outcome of the divorce, but that is a far different thing.

I shouldn't complain. Misapprehensions about the law are a fertile source of business for me. I always know I'm in for a rough time when a client starts in; "In my friend's divorce . . . " or "I read on the internet . . .."

Even if not stolen in the state of North Carolina it’s still illegally possessed unless he transferred the gun to her legally via a carry license or purchase permit.

Not to be obtuse, but in practice that's not correct.

No officer is taking a report for that. They will tell you to seek a family law attorney. Even if one complains loudly enough to a ninny supervisor, the supervisor is going to tell the officer to only do a non-criminal report to document the situation. Ain't nobody swearing out any warrants or entering any serial numbers into NCIC over a wife taking guns in NC. Sheriff be damned, it's community property in NC unless she's otherwise banned from possessing one.

Same thing if the wife takes a car registered to the husband, TV, or toaster. Hell, same thing if the wife jacks up the mobile home and moves it to Florida. "Contact a family law attorney".

Another note, I have never seen the purchase without a permit law enforced, and I've done a lot of gun violation investigations.

Only thing that would be different is if they had a formalized agreement separating property before the wife up and run oft.