Oregon Transfer to a relative legal issues

[DonDDR]

Im sorry Guy and gals, Im sure questions like this have been asked and answered a 100 times and I did a search. Sorry.

Wife and I split not on my terms and kept 2 of my guns. Started legal issues and I can not retrieve them. Not sure if she gave them to the authorities or has them and is playing games.

Am I able to give say, a power of attorney or some document to a relative to get them back?

Any help or links to things that will get me some answers is much appreciated.

Thank You.

Read More

 

[deadeye]

As long as you are still married they are hers and yours. They should be listed in the property jointly owned and figured into the divorce split. If she got rid of them she is in trouble as no property should be sold/given away after serving papers/filing.
I would discuss with your attorney because I didn't even stay at a Holiday Inn last night.

 

[justcuz]

Let's quantify a couple of points....

OP, you say split? You say 'she kept the firearms!' [firearms = handguns? LG? Care to clarify]

Consensual split or did you just leave the residence and all your personal belongings, firearms included, in a huff?

Does she have reason to believe her's/offspring's/your's life is in danger?
[careful if this is brought up as rationale for her keeping or giving them to another individual to hold outside of the immediate living area, you could lose all rights to firearms in the future]

Define 'started legal...'

Finally, as deadeye stated, as community property, list them on the 'legal' papers.

My advice, relationship's breakups are contentious at best...

FIRST AND FOREMOST, CEASE DISCUSSING & TRYING ON A PUBLIC FORUM TO DISCERN HOW TO GET THEM BACK.

THEREFORE, FORGET ABOUT THEM AND DO NOT MENTION THEM AGAIN!

Second, stay away...
from the residence or your partner's place of employment;
from your partner or ever be alone with them now or in the future;
from your partner's immediate family.
stay away from your offspring's educational institution(s)
stay away from your offspring [unless meeting in your attorney's or LE's property or very very public venues, e.g., wally world;

Yes, yes, I am aware your breakup is different - ask you; i know you were/still are in love [which is why legal started] and you do not feel you need to heed the unsolicited advice just given by a perfect stranger on a public forum...if so, I wish you the best...I am quite sure your impending split/divorce/and future relationship with your ex-partner and offspring will just great.

If still in love, seek professional counseling, no, not pastoral either, marriage counseling from an AAMTF professional!

Ps i don't need to sleep in a holiday inn to be knowledgeable, some be ed-u-ma-kted on the subject!

 

[DonDDR]

Ok, my first post is messed up. We are not legally married, I just call her my wife so I should have not stated it that way. One hg and one shotgun. It was not a consensual split.

 

[AMT]

Ps i don't need to sleep in a holiday inn to be knowledgeable, some be ed-u-ma-kted on the subject!

Now that is funny right there!

If it were me, if it is 1 handgun and 1 shotgun, I'd tell your attorney. If you don't have an attorney, go to the sheriff's dept and explain your situation. Make sure that the make, model, and serial numbers are documented in paperwork that you file with them.

If they are run-of-the-mill, then write them off and learn your lesson (the hard way). Unless they were purchased by you, through an FFL, then your name is still attached to them via the paperwork you filled out and I would FIGHT to get that cleared up.

If they were purchased by you before the paperwork requirements in OR, and you have no paper trail that you can prove, then you might be considered up feces-stream without a paddle.

Now, if they are rare or family heirlooms, then yes I'd legally "fight" for their return - along with all of my other belongings that she may have.

Remember, you are in a blue state. Blue states tend to dislike men/guns/break-ups, and usually rule against you while "protecting" the female. (go ahead, bash me for saying that, but it is true!)

As hinted earlier, asking for "legal advice" on a forum is probably not the best avenue to take.

 

[deadeye]

Ok, my first post is messed up. We are not legally married, I just call her my wife so I should have not stated it that way. One hg and one shotgun. It was not a consensual split.

Contact the sheriff dept. explain that you wish them to contact her and retrieve them if you purchased them and have proof. She can not do anything with them as she is not the legal owner and has clearly violated state law if she has as you were not married. The only one that can transfer them is you and only by completing a transfer at an FFL unless the person receiving them is a relative listed in the law as an exception. If she has given/sold them she has committed a misdemeanor with the first one and a felony with the second.

 

[justcuz]

Ok, my first post is messed up. We are not legally married, I just call her my wife so I should have not stated it that way. One hg and one shotgun. It was not a consensual split.

If, not married and just cohabiting, what legal stuff is there to initiate?

Why no concern over the presumed loss of other personal property, e.g., clothes, tools, appliances, fishing gear?

A sidebar, please listen to the others an go to the LE authorities, ensure you tell them this situation is the direct result of a domestic dispute and tell them you want them to get your guns back...please let me know the outcome for my personal information and future use.

Thanks...

 

[ZigZagZeke]

Ok, my first post is messed up. We are not legally married, I just call her my wife so I should have not stated it that way. One hg and one shotgun. It was not a consensual split.

The only piece of advice you should take here is to find yourself the meanest, nastiest divorce lawyer in your area. Explain your situation. Do what he or she says. Trying to figure it out or do anything about it without legal advice is the dumbest thing you will ever do. Even if you were not married she can still file for spousal support, child support, restraining order, etc. You need representation.

 

[Oya]

She cannot seek spousal support if she's not a spouse. Seek counsel for at least a consult.

 

[ZigZagZeke]

She cannot seek spousal support if she's not a spouse. Seek counsel for at least a consult.

That's true in Oregon, but not Washington.

 

[justcuz]

To the best of my knowledge, for 'partners who are in live-in' arrangement [aka known as cohabitation] but not qualifying for 'common-law' by statutory criteria and with w/o any offspring produced, there is no financial burden on the either individual if they go their separate ways.

Nor is there any concept of communal property for OR but WA falls under those premises.

 

[bbbass]

Oh, you are sooooooo screwed!! The cost of a lawyer will no doubt equal or exceed the value of the firearms. That said, if they can be traced to you, ya probably ought to have the sheriff retrieve them. By keeping them, she has effectively performed an illegal transfer under OR941.

BTW nobody can keep someone else's legal property, that is theft (I once received an unwanted visit from an investigator when I tried to leverage an item to protest the horse I couldn't return for a refund... ), but cohabitation gets tricky and muddies things.

 

[Oya]

That's true in Oregon, but not Washington.

Zig zag, it's also true in Washington. No spousal support unless you're a spouse.