Need Important Question Answered PLEASE!!!

[jmildoc]

My wifes ex husband has a gun that she bought and is registered in her name.. Is there a way for her to get it back? Is it illegal for him to have it? He has said that he sold it buy her daughter told us that he still has it...

Any information would be appreciated...

By the way he lives in New York...

 

[Scutter01]

If both he and the gun are in New York, but the gun is registered in New York in her name, how is it legal for him to either possess it or sell it? I'm not familiar with New York's gun laws, but I know they're fairly restrictive. Much more so than Indiana, where there is no gun registration at all.

 

[SSGSAD]

My wifes ex husband has a gun that she bought and is registered in her name.. Is there a way for her to get it back? Is it illegal for him to have it? He has said that he sold it buy her daughter told us that he still has it...

Any information would be appreciated...

By the way he lives in New York...

I met a guy from N.Y. many years ago, and back then, the gun, had to be registered in the owners name, and had to be listed on the permit, or license, whichever N.Y. has...

 

[SirRealism]

What do you mean by "registered"? We don't have firearm registration here in Indiana.

Edit: Oops, too slow.

 

[jmildoc]

Actually the Gun was bought and registered in Virginia.. Sorry I should have mentioned that...

 

[jmildoc]

I am trying to figure out what we can say to him to get him to give the gun back

 

[Scutter01]

Actually the Gun was bought and registered in Virginia.. Sorry I should have mentioned that...

If it was bought and registered in Virginia, how is it in NY legally at all?

 

[jmildoc]

If it was bought and registered in Virginia, how is it in NY legally at all?

That is exactly what I am getting at.... He has a gun outside the state of which it is registered and its not in his name... What else do we need to do to tell him he has to give it back? Can we have the police pick it up or something?

 

[SSGSAD]

I am trying to figure out what we can say to him to get him to give the gun back

I am no lawyer, but he is in illegal possession of an "illegal" firearm in N.Y.

 

[jmildoc]

I understand everything all of you are saying but how can we get him to send it to us or what else can we do to get it back??

Can it be confinscated and sent to us?

 

[Scutter01]

I understand everything all of you are saying but how can we get him to send it to us or what else can we do to get it back??

Can it be confinscated and sent to us?

Do you want him arrested? Because that's what will happen if you ask the police to get it back for you. Otherwise, I'd suggest talking to a lawyer and maybe sue for the return of your property in small claims.

 

[Joe Williams]

I am trying to figure out what we can say to him to get him to give the gun back

If he is claiming to have sold it, but actually still has it, there's likely nothing you can say.

You'll have to decide for yourselves whether it's worth getting police, lawyers, and his daughter (your step-daughter?) involved.

It's that last person that makes me, personally, think it would be better to give it up, and go get a new gun.

 

[junglerogue]

If the your wife and ex are at all civil, then you could just ask him for it back. Otherwise, I'd send him a demand letter, stating that if the gun is not returned by X date it will be considered stolen and listed as such. Send it certified mail with signature confirmation. Keep a copy for your records, turn over the serial/make/model to the PD in ex's area saying that it's stolen. It will probably require your wife to file a PD report in his area.

 

[jmildoc]

Maybe we can just talk to him instead of suing.. he should have to give it back since he is not legally the owner and not allowed to have a pistol in NY

This is my wifes pistol.. a Walther P99 with all the goods.. light....laser... extra mags...holster the works!!

So i dont think I am being ridiculous wanting to get it back.. she doesnt really care about it but i am unnerved about him having a gun that is in her name...

 

[Scutter01]

Maybe we can just talk to him instead of suing..

Since you're asking us how to get it back, I (apparently incorrectly) assumed you'd already done that. You told us that he said he sold it.

 

[jmildoc]

he has said that is was sold.. but then again he sold a gun that wasnt registered in his name....
That is what I am worried about...
We have a good relationship and I actually have a step daughter and son.. they come out here to visit all the time..we fly them out and pay everytime... but that is besides the point...

he is not the brightest and I am trying to think of a tactic to scare him into just sending it back...

 

[target64]

IAML....but
If your wife were to report it stolen, then the police could confiscate the firearm, then it would become evidence. Then it would depend on the policies of the local PD as to how and when it could be returned.
As far as a voluntary return on his part.....good luck with that.

 

[jmildoc]

Since you're asking us how to get it back, I (apparently incorrectly) assumed you'd already done that. You told us that he said he sold it.

yes my wife asked about it a year or so ago.. He said he sold it but then our daughter told us he still had it...

I dont know why he would want to keep it if he cant even use it or take it out of his home.. he doesnt have a license to own one and its not in his name....

 

[Scutter01]

yes my wife asked about it a year or so ago.. He said he sold it but then our daughter told us he still had it...

I dont know why he would want to keep it if he cant even use it or take it out of his home.. he doesnt have a license to own one and its not in his name....

So ask him again. If he says "no", then you'll have to compel him in some fashion, as has already been suggested in this thread.

 

[jmildoc]

Well I really appreciate all of yall's help on this situation