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Who has the right to sell a gun?

Discussion in 'Legal & Political Archive' started by Tactical SS, Jan 5, 2011.

  1. Tactical SS

    Tactical SS Washington Member

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    Say a husband legally purchased several rifles and pistols, all from gun stores, all registered in his name. Could his wife legally sell those guns without his permission and/or against his will? Would the legality change if they were recognized as legally separated?

    Also if it is illegal, are there statutes of limitation on an offense such as this? What would the general penalty be for the wife? Gun store? Facilitator of illegal action, if it is so?
     
  2. xjjeeper223

    xjjeeper223 Medford Active Member

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    This would be a civil issue in which the guns would be treated no different than any other property that a couple with marriage problems would be squabbling over. Assuming, of course, that all other firearms laws are being abided by.
     
  3. Tactical SS

    Tactical SS Washington Member

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    I would appreciate an adult attitude and not one that mocks this situation.
     
  4. Tactical SS

    Tactical SS Washington Member

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    So firearms are seen as mutual property between married couples in the eyes of the law? I would have assumed that no other person, barring death and power of attorney, etc., could sell someones firearms legally against that persons will. Wouldn't that, in essence, be stealing?
     
  5. Redcap

    Redcap Lewis County, WA Well-Known Member

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    That is the way I see it, regardless of how the 'law' does.
     
  6. Tactical SS

    Tactical SS Washington Member

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    I'm with you on that, but in this situation, the way I see it and the way the husband sees it matter very little. I'm looking for potential legal ramifications against the gun store and facilitator, not against the wife.
     
  7. toolfan

    toolfan North Portland Member

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    No more or less so than with a motorcycle, tools, jewelry, etc.

    There are none.

    Unless you reported them stolen before the transaction, then maybe. But I doubt it.
     
  8. ejmpnu92

    ejmpnu92 Hillsboro, Or Active Member

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    In some states, if the items (any item in general) were purchased prior to the marriage, then the items belong to whomever purchased them. If purchased during the marriage, it can be considered mutual ownership.

    During a separation, because legally the two parties are still joined in marriage, these items are still considered to be mutually owned.

    But really it depends upon what the state defines what marriage is and what the rights each member has.
     
  9. NuthinFancy

    NuthinFancy Seattle Area Active Member

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    If

    a) the married couple resided in a community property state (i.e. WA),
    and
    b) the firearms were purchased during the marriage (not gifted or inherited) in that community property state,

    then community property laws apply. She can control the firearms (i.e. sell them) just as if she purchased them.
     
  10. Tactical SS

    Tactical SS Washington Member

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    Pretty much what I suspected. It sucks though, I was hoping to get my dads Les Baer and $5k worth of other guns back...

    Thanks guys. :thumbup:
     
  11. saxon

    saxon springfield Active Member

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    first you have to look at each state's law on such matter
    in oregon you do not have comunity property in a marrage
    you would have to fight for what you want BUT in some case's
    the judge looks at it as all of what is owned as blonging to both




    lol NuthinFancy beat me to it
     
  12. Lange22250

    Lange22250 Milwaukie Active Member

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    What is this registration you speak of?

    Unless it's a SBR/SBS, suppressor or FA no registration exists in this part of the free world.
     
  13. Tactical SS

    Tactical SS Washington Member

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    Pardon my improper terminology, they were all purchased in his name.
     
  14. keystir

    keystir Hillsboro, OR Active Member

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    Sorry to hear about your troubles but I think you're pretty much screwed. I can guarantee you no law enforcement agency is going to go out of their way to get in the middle of your marriage issues to help you get your guns back or try to prosecute a firearm dealer who managed to get sucked into the situation. Make sure on the next go round you don't give the old battle axe access to the gun safe.
     
  15. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    A buddy of mine was seperated from his wife. His girl friend at the time drove his pickup to the store and promptly ran out of gas leaving it in a 7-11 parking lot to wander off to get some gas in a can.

    Along comes the wife and her new boy friend and they see the pickup. The boy friend determines its out of fuel. Since they are in a vehicle and the stupid girl friend has gone to a station some 2 miles away with a gas can on the bus (which won't let her back on once it's full) they beat the girl friend back and off they go with the pickup.

    In the pickup which had a tall canopy on it was nearly 4 generations worth of shop and hand tools along with 4 firearms and boxes of other personal items. The F-250 sat hard on its springs it was so heavy.

    When the cops were called they told my buddy he was bubblegum out of luck since the wife's name was still on the title.

    Well the stuff in the truck must have been worth quite a bit as she sold it almost all off and used from what I can tell the majority of it to buy Meth or what ever her drug of choice was.

    And about 2 years later I get a call from my buddy now living 2000 miles away can I go pickup the last of his tools from Her dad. She's Died from an OD or something and they are clearing her estate.

    I go to the apt she last lived in and my buddies 4 generations of tools firearms collection and various other stuff has been whittled down to a single junky 3 drawer tool box full of taiwan sockets and a couple pipe wrenches.

    The value of which was not worth shipping it.

    So the moral is if your going to seperate SEPERATE get the name off the title get your stuff hidden locked up secured.

    Or just marry a girl you can have a good marraige with.
     
  16. Tactical SS

    Tactical SS Washington Member

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    The worse part is, the gun dealer was a friend of the facilitator. The facilitator made the gun shop owner aware of a good deal he could get by essentially giving my mother, the wife in this story, pennies on the dollar for my dads, the husbands, guns. Like I said there was well over $5,000 worth of guns and accessories taken in by the dealer who then turned and sold it for double or triple what he stole... I mean paid for them. The gun store owner and the facilitator both made of quite well in cash and guns.

    Not illegal, as we have established, but very, very dishonorable tactics. I for one will never give any business to this local gun store. I'm not naming name because I don't want any flame wars to get started.
     
  17. keystir

    keystir Hillsboro, OR Active Member

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    Can we at least get a hint?
     
  18. Tactical SS

    Tactical SS Washington Member

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    She was severally mislead by others about my dad, she was made to hate and fear when there was nothing to hate and fear. It was part of a much larger debacle where the bottom line was, other people got greedy and essentially needed a fall guy.

    The reason I don't want to say what store it was is, I have no proof. I was there, I witnessed it (7+ years ago before I was into firearms), but I have no hard evidence that it took place. I try not to speak ill of specific places unless I have hard evidence.
     
  19. Modeler

    Modeler Molalla, Oregon Soccer Fan

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    Any opinions you get on here will be worth exactly what you paid for them. Call your Attorney.

    Greg
     
  20. Tactical SS

    Tactical SS Washington Member

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    If you have it accessible could you post the source for this? Or at least guide me to a location where it can be found?