View Full Version : Tracking of Firearms
WillysWagon
01-31-2007, 11:16
Hey All,
A friend at work (vendor) has a quetion I wasn't able to answer.
He's getting a divorce and thinks his 'soon to be' ex will attempt to aquire some of his firearms in the divorce. Most were purchased in Colorado through a dealer, so he had to do a background check and has the little blue slip you get from the purchase (for some of them at least). Will his wife be able to know what he has from the blue slips (or a database somewhere, since we don't register firearms)?
If his wife does want some or all of the firearms, couldn't he sell them and then say the money was used to pay for a divorce lawyer or something similiar?
What do you guys think is the best action for this guy to take to assure he keeps all of his firearms.
And no, it isn't me :cool:
Later,
Kyle
Great-Kazoo
01-31-2007, 11:25
all he needs to do is tell her (if she ask) that he sold them as they were not up to his expectations. unless she has her hands on every reciept from his purchases (which is a bad idea) she has no clue what he owns or does not own.
WillysWagon
01-31-2007, 11:48
If he said he sold them to pay for atty fee's, couldn't she come after him for half the selling price, once they settle what he ownes/owned?
She may have some of the blue slips proving his purchase, he doesn't know as of yet.
Great-Kazoo
01-31-2007, 15:56
If he said he sold them to pay for atty fee's, couldn't she come after him for half the selling price, once they settle what he ownes/owned?
why tell her anything ??
She may have some of the blue slips proving his purchase, he doesn't know as of yet.
unless he tells her what he actually sold them for how would she know ?
nothing personal regarding your friend. my wife doesn't ask nor know how much i pay for any firearms. only on her guns, she has some clue as to what i paid.
SigsRule
01-31-2007, 18:31
This "problem" is why they have judges and arbitration. Leave it to the courts and don't do something stupid that might wind up with your friend losing all his firearms.
WillysWagon
01-31-2007, 19:16
His main question was if he bought these guns at a dealer, would there be a list by serial number of what he owned?
Mainly a list his 'ex' could get hold of to see what he had.
His apt with a atty is in a few days and he wanted some input, I just couldn't help him out. He knew I'm divorced as well and was asking how it all went. That was back in 2000 though, not sure what's changed.
Thanks for the replies all.
No such data base is currently in operation (yet).
I would advise AGAINST not telling the court the truth if asked.
Let his freedom be his guide.
M2MG
SigsRule
01-31-2007, 21:51
+1
It all comes down to assets. Your friend wants his fair share, his soon to be ex wants her fair share, the courts want both parties to reach an equitable agreement. So he keeps his firearms and she keeps the dishes/crystal/whatever. Not telling the court the truth if asked could result in a very lopsided punitive settlement for her.
<MADDOG>
01-31-2007, 22:24
Having been through this recently, if she pushes the issue, he and she will have to validate "assets", which she can have all appraised for value. Could be trouble...
If they were his before the marriage, than they should still be his. I believe community property applies to anything gained during the marriage. Trying to game the system or influence the outcome will probably do more damage than it's worth. Whether it's firearms or any other asset, just play it straight.
...but IANAL.
<MADDOG>
01-31-2007, 23:39
"If they were his before the marriage, than they should still be his"
That's a fun part too. He'll have to prove he had them prior to their marriage. Explains the phrase "cheaper to keep her".
Oh, and he CANNOT sell any "assets" once paperwork is filed.
Great-Kazoo
01-31-2007, 23:43
sorry guys. the law and the courts are not man friendly. he will get screwed if he shows assets he sold to avoid paying her. anything that is not papered or has a paper trail should be hidden.
thats one of the main reasons (ALLEGEDLY) people buy guns from one another w/out paperwork. to avoid knowing who owns what.
if pressed he can say he knew the guns were a sore spot and by selling them (below market value due to the slow economy) he was hoping to smooth things out and get their marriage to work. THAT they like to hear !
he is not under oath. this is a divorce settlement not a trial.
if there is one person here who has told their spouse how much they paid for everything and where it is raise their hand :roll:
didn't think so...........
<MADDOG>
01-31-2007, 23:49
We are all shathouse lawyers! :P
The attorney will give the real response.
WillysWagon
02-01-2007, 06:46
Thanks for all the input guys, I'll let him know what you all said next time I see him. Bummer this happens isn't it?
Later,
Kyle
Can he "sell" them all to you for...say $1.00 each?
Then he could honestly say he sold them all
MAybe when he is back on his feet you might consider selling them back
And she'll say she sold everything she had, such as jewelry, and she's off the hook? No way.
WillysWagon
02-01-2007, 11:32
Can he "sell" them all to you for...say $1.00 each?
Then he could honestly say he sold them all
Maybe when he is back on his feet you might consider selling them back
Getting involved in his divorce is something i'm not going to do other than ask a question or 2 here on the board.
But a rifle for $1.00 does sound schweet :mrgreen:
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