Fixing an unlawful transfer... how?

[ungawa]

I just realized that I'm really missing something here. I thought the handgun was willingly given to a family member by the original owner. It has never been stolen.

[God's Country]

If this friend has a LTCF (at the time the gun was given away) and no money exchanged hands could it be considered a loan? I realize it wasn't intended as a loan, but still if it could be argued that the current possession is a loan then the OP’s friend should be able to return the gun. I realize they aren’t speaking, but I would make every attempt to return the gun if this angle can be reasonably argued.

[dgood71]

Just to keep things on track, the gun was never stolen. It was lawfully purchased, and then gifted to a family member other than a "grandparent, parent, child, grandchild, or spouse" as the law allows. I'm purposely not mentioning many details in this public forum, but I will say the gun is valuable enough to merit keeping, and it's not something one would normally want to part with.

I can see a couple "loopholes" that would prevent charges from being filed against either party. Since the recipient does have an LTCF and most likely did when the gifting was done the "lawful loan" option is on the table. I've no idea how long ago the gifting took place, but if it was 13 years ago or longer then the original owner is in the clear by the statute of limitations. That's something I wasn't aware of before this discussion. And it appears that, aside from the very remote possibility of a "conspiracy" charge, the receiver is off the hook legally. Whether that person decides to get the gun back on the books is their choice, at least the options available to do so are now out there for consideration. Thanks to all of you for your input.

[mauser]

I just realized that I'm really missing something here. I thought the handgun was willingly given to a family member by the original owner. It has never been stolen.

I think what's being discussed with the theft angle is that the estranged relative may get a bug up his ass and want to cause trouble and it would be easy to claim that the gun was stolen from him.
On the other hand, perhaps there was some shady history to the gun and the estranged relative wanted to get rid of it. Does the OP know for sure that the gun was lawfully owned by the person who gave it to him and never used in a crime?

[Xringshooter]

With the info from your first post and the info from your latest post dgood71, your friend shouldn't have any problems if he wanted to transfer it to himself so that his name shows up in the sales database (that is sometimes used incorrectly by police depts throughout PA).

[Holland25]

I am new here but I have a question. My wife and I are going through a divorce. My wife took my revolvers without me knowing and against my permission. She can not sell them and certainly doesn't want them but wants to ransom them back to me for money. I have all the receipts and paperwork. I have made police reports but the Bucks County township the guns are currently being kept in says I need to got to court to get them back. Police officers have told me if I have the receipts the judge will have her return them to me. Any advise on this?

[God's Country]

I am new here but I have a question. My wife and I are going through a divorce. My wife took my revolvers without me knowing and against my permission. She can not sell them and certainly doesn't want them but wants to ransom them back to me for money. I have all the receipts and paperwork. I have made police reports but the Bucks County township the guns are currently being kept in says I need to got to court to get them back. Police officers have told me if I have the receipts the judge will have her return them to me. Any advise on this?

Who knows how a court would rule in Philly?

IMO unless they're worth a lot of money or of genuine sentimental value let her keep them and use the value toward the settlement. Just not worth it. She took them to get a rise out of you. Let her eat them, sell them, whatever. Stay away from her and dealing with her in every capacity outside of court proceedings.

[57springer]

I think what's being discussed with the theft angle is that the estranged relative may get a bug up his ass and want to cause trouble and it would be easy to claim that the gun was stolen from him.
On the other hand, perhaps there was some shady history to the gun and the estranged relative wanted to get rid of it. Does the OP know for sure that the gun was lawfully owned by the person who gave it to him and never used in a crime?

Yea really , this thing needs to be resolved.

[God's Country]

Yea really , this thing needs to be resolved.

It probably was. Thread is 7 years old.

[DennisH82]

I am new here but I have a question. My wife and I are going through a divorce. My wife took my revolvers without me knowing and against my permission. She can not sell them and certainly doesn't want them but wants to ransom them back to me for money. I have all the receipts and paperwork. I have made police reports but the Bucks County township the guns are currently being kept in says I need to got to court to get them back. Police officers have told me if I have the receipts the judge will have her return them to me. Any advise on this?

It might just be me but I would report them stolen as they are no longer in your possession and you purchased them, I wouldn't hold my breath about getting them back but I would be more worried about a vengeful X selling them and they are used in a crime or she just throws them out with the same end result. I would do your best to cover yourself legally just in case she has an end game that you are unaware of. and Filthy will always try to screw you, if you have no supporting documentation to protect yourself. IMHO This is lawyer area at the very least.