My daughter can legally own, her husband cannot how do I...

[Spear Dane]

Hello group,

My daughter can legally own, her husband cannot. If I gift her a weapon how do I make it unequivocally clear it is HER weapon and not his. I want to protect them from overzealous LEO's if possible,

 

[pudly]

Don't have the legal info, but I'd start by also giving her a way to secure it when not being carried.

 

[oDbCo]

Legally, it is very risky to posses a firearm while living with someone who legally cannot own one. Almost to the point where it is not worth it.

 

[mrjarrell]

Sounds like your daughter is married to someone with a felony? The key here, as has been discussed on INGO a number of times, is making sure he cannot have access to the firearm. It's tricky. He could get jacked up pretty badly, if he has access to a firearm. It's not really a matter of who the owner is. I'd consult an attorney, maybe Relford, and see what their take is on it.

 

[david890]

My daughter can legally own, her husband cannot. If I gift her a weapon how do I make it unequivocally clear it is HER weapon and not his.

Is this a firearm as part of an estate, or do you wish to give it to her while you're alive? If the latter, I see little way around him being in/around a firearm, even when it's "secured". How do you convince a jury you DON'T know the safe's combination?

 

[PGRChaplain]

Your on the edge of a real slippery slope there. Give it to her, keep it at your house.

 

[Taylor22]

IANAL but isn't a firearm being in the same dwelling still considered "possession"?

 

[BogWalker]

While not ideal, is this a situation that an antique firearm could solve? Felons can own those, correct? I'm not saying blackpowder, but there are many antique cartridge revolvers in usable calibers out there. (Think .45 long colt or .44-40.)

 

[Carey]

Like so.eone else said, that is a slippery stone. I don't think I would do it just for the fact it could get my daughter in trouble as well. I'd look for other options.

 

[SSGSAD]

Hello group,

My daughter can legally own, her husband cannot. If I gift her a weapon how do I make it unequivocally clear it is HER weapon and not his. I want to protect them from overzealous LEO's if possible,

Guy Relford, is the guy to talk to .....

If a Felony, then no .....

Probation, maybe .....

 

[Vigilant]

Legally, it is very risky to posses a firearm while living with someone who legally cannot own one. Almost to the point where it is not worth it.

Legally, it's kinda questionable, as long as they are in their residence. IC, makes it clear that prohibited persons cannot possess or carry a firearm. But there is caselaw that exempts "in the home" possession by a felon. It's quirky, and may not work, up it is there. Now, I do not know if this applies to a person convicted of a DV misdemeanor, but a felon in possession, in his own home MAY be ok under IC, noe, the Feds can at anytime pick it up, but...?

 

[Fargo]

Hello group,

My daughter can legally own, her husband cannot. If I gift her a weapon how do I make it unequivocally clear it is HER weapon and not his. I want to protect them from overzealous LEO's if possible,

Why can't he legally own the firearm? It does make a difference.

 

[OakRiver]

Step 1. Get a lawyer (Guy Relford).
Step 2. Don't post anything else in this thread that you don't want quoted in court.

 

[Vigilant]

Step 1. Get a lawyer (Guy Relford).
Step 2. Don't post anything else in this thread that you don't want quoted in court.

He's right ya know...

 

[Kirk Freeman]

her husband cannot.

Ok, I'll ask, why can he not?

 

[nra4ever]

You are all making this harder than it has to be. Just have her get a different husband. But serious talk with an Attorny and get an expungement. Make sure you get one that does the Expungment correctly. There is a trick to doing them the right way. I'd tell you how but that would cost you big bucks

 

[Frank_N_Stein]

Hello group,

My daughter can legally own, her husband cannot. If I gift her a weapon how do I make it unequivocally clear it is HER weapon and not his. I want to protect them from overzealous LEO's if possible,

She married a felon, but LEOs are the problem.

 

[pudly]

She married a felon, but LEOs are the problem.

#FelonLivesMatter

 

[Vigilant]

#FelonLivesMatter

Not to me really, but that's also not an absolute. I know several "felons", both convicted, and yet to be found out, and well some of them are really good people.

 

[Vigilant]

She married a felon, but LEOs are the problem.

Just keep your boots shined, you'll get your chance!