Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Apr 2013
    Location
    Glockin, Pennsylvania
    (Montgomery County)
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    Default Re: Husband ghifts firearm to wife, then divorce...

    Quote Originally Posted by P89 View Post
    So...what's stopping him from reporting it stolen?

    I have a buddy who's ex-wife did that to him over a gun she bought him.
    It got ugly.
    It's possible. Hopefully wouldn't come to that... It would be a crime to make that report since it was clearly a gift.

    Quote Originally Posted by Emptymag View Post
    I doubt there's an emotional attachment to it.
    Maybe negative emotions

  2. #12
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: Husband ghifts firearm to wife, then divorce...

    Quote Originally Posted by P89 View Post
    So...what's stopping him from reporting it stolen?

    I have a buddy who's ex-wife did that to him over a gun she bought him.
    It got ugly.
    That would get ugly and I would not advocate that maneuver for anyone.

    ETA: Just send him this video.


    Gender confusion is a mental illness

  3. #13
    Join Date
    Oct 2007
    Location
    Northcoast, Pennsylvania
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    1,817
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    21474854

    Default Re: Husband ghifts firearm to wife, then divorce...

    Quote Originally Posted by jthrelf View Post
    It's possible. Hopefully wouldn't come to that... It would be a crime to make that report since it was clearly a gift.



    Maybe negative emotions
    Quote Originally Posted by Walleye Hunter View Post
    That would get ugly and I would not advocate that maneuver for anyone.

    ETA: Just send him this video.


    She was banging a cop sooo.....

    Like I said, it got ugly.

  4. #14
    Join Date
    Feb 2010
    Location
    Levittown, Pennsylvania
    (Bucks County)
    Posts
    9,654
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    21474860

    Default Re: Husband ghifts firearm to wife, then divorce...

    She was banging a cop
    What was wrong with that? It can get boring out there.

  5. #15
    Join Date
    Feb 2013
    Location
    Ercildoun, Pennsylvania
    (Chester County)
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    Default Re: Husband ghifts firearm to wife, then divorce...

    You're lawyer will tell you the best route is to get a PFA on him. Then Wolfie and crew can take all his guns and put him in jail just because you said so. It's the law.
    Corruption is the default behavior of government officials. JPC

  6. #16
    Join Date
    Jan 2013
    Location
    Richboro, Pennsylvania
    (Bucks County)
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    Default Re: Husband gifts firearm to wife, then divorce...

    Quote Originally Posted by kellypolice View Post
    My husband bought me a gun with marital assets and we divorced several years later... he told me to keep it to have in the house as nobody was there any longer. Now he wants it back... Do I have to return it just because it is still registered in his name or can I keep it because it was given to me?
    Fight it out with your lawyer at $300 dollars an hour. Then have his lawyer reply for $300 and hour......... Exactly how much is this firearm worth?

    In the end the money is gone so you don't have anything to fight about.

    Chill some, take a deep breath and try to work it out yourselves. Then just sign the fucking separation agreement and move on. If both of you think you got screwed in the divorce then it was a fair divorce.

  7. #17
    Join Date
    Jan 2013
    Location
    Berks County, Pennsylvania
    (Berks County)
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    Default Re: Husband ghifts firearm to wife, then divorce...

    Quote Originally Posted by Emptymag View Post
    Yeah, she has every right to keep the gun that he gave her, but it may be simpler to give/sell it back to him (with required legal transfer at a gun shop/FFL), or sell it to someone else (legally/transferred) to simply have it "gone", and not have to deal with any "ex husband issues".

    I doubt there's an emotional attachment to it.
    Good plan. Sell it, then buy something else. You might lose a little money but the peace of mind is worth it if you think the ex is willing to take action to make trouble for you.

  8. #18
    Join Date
    Feb 2013
    Location
    Upper Darby, Pennsylvania
    (Delaware County)
    Age
    57
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    4,240
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    Default Re: Husband gifts firearm to wife, then divorce...

    Quote Originally Posted by kellypolice View Post
    My husband bought me a gun with marital assets and we divorced several years later... he told me to keep it to have in the house as nobody was there any longer. Now he wants it back... Do I have to return it just because it is still registered in his name or can I keep it because it was given to me?
    To consolidate a lot of what has already been said:

    By law, PA does not have a registry, though there is a Record of Sale database kept by the PA State Police (PSP), in violation of PA statutes but allowed by the court. He is likely still listed in that database as the purchaser.

    PA law does not require an FFL or a background check for spouse-to-spouse transfers between PA residents.

    If you are no longer married, you cannot just "give" it back. Assuming you are both still PA residents, it would need to be transferred at a PA FFL. Otherwise, it needs to be transferred at an FFL in his state. If you decide to go this route, I would ensure he pays all fees, including the background check the FFL would have to do to return the gun to you if he fails his.

    This all seems like a lot of trouble over a piece of metal, and it is, but for the last 150 years the governments have been eroding our property and other Constitutional rights to the point where we now need permission from the Crown to sell our own things.

    Given the restrictions on just "giving" it to him, it's more than just returning a gift he wants back. Short of a court order, you are under no obligation here to break the law.

    IANAL

  9. #19
    Join Date
    Dec 2018
    Location
    monroeville
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    Default Re: Husband ghifts firearm to wife, then divorce...

    Quote Originally Posted by Daycrawler View Post
    IANAL. If he gave it to you while married, keep it. If you don't want it, sell it to him and transfer it at a gun shop. (FFL) What kind of gun is it?
    Keltec 9mm

  10. #20
    Join Date
    Dec 2018
    Location
    monroeville
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    Default Re: Husband ghifts firearm to wife, then divorce...

    I am pretty sure it is registered to him,... We never did any type of transfer as we were married....

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