Pennsylvania Firearm Owners Association
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  1. #1
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    Default Husband gifts firearm to wife, then divorce...

    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?

  2. #2
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    Oct 2012
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    Douglassville, Pennsylvania
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    Default Re: Husband ghifts firearm to wife, then divorce...

    I am not a lawyer and someone who knows for sure will be along but I'm thinking that it just sucks to be him. There is no 'registration' in PA but there is a record of sale. You have raised a question that I would like to know the answer to...Is there any paperwork of any type required in the next of kin transfers between husband and wife, father and son or daughter, etc?
    Gender confusion is a mental illness

  3. #3
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    Default Re: Husband ghifts firearm to wife, then divorce...

    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?
    Aggies Coach Really ??? Take off the tin foil bro.

  4. #4
    Join Date
    Oct 2006
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Husband ghifts firearm to wife, then divorce...

    The transfer to you as a spouse was legal, and required no paper work.

    Since you are now divorced, the transfer back would require it going through a FFL.

    And you are under no obligations to transfer it back, it is yours. It was acquired with marital assets(money) as a personal item, legally gifted to you during the marriage, and reinforced as yours at the divorce.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  5. #5
    Join Date
    Jun 2014
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    Default Re: Husband ghifts firearm to wife, then divorce...

    ^ Correct. It was a gift and it it's in your name, its yours.

    Just like you have no obligation to return the diamond ring (sell that sucker for ammo!), the ex-wife has no legal obligation to return a gift from her former husband. And yes, it would require a transfer since you're no longer married. If you really don't want it, you can offer to sell it back to him for what he paid for it.
    Galations 6:9...And let us not grow weary of doing good, for in due season we will reap, if we do not give up.
    Ashli Babbitt - Patriot

  6. #6
    Join Date
    Dec 2012
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    Philadelphia, Pennsylvania
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    Default Re: Husband ghifts firearm to wife, then divorce...

    Quote Originally Posted by alpacaheat View Post
    ^ Correct. It was a gift and it it's in your name, its yours.

    Just like you have no obligation to return the diamond ring (sell that sucker for ammo!), the ex-wife has no legal obligation to return a gift from her former husband. And yes, it would require a transfer since you're no longer married. If you really don't want it, you can offer to sell it back to him for what he paid for it.
    Since there was no paperwork required for the husband to wife transfer, in the Record Of Sale database, the firearm is probably still listed in his name. Not that it matters, but just saying.

  7. #7
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    Default Re: Husband ghifts firearm to wife, then divorce...

    Quote Originally Posted by Carson View Post
    Since there was no paperwork required for the husband to wife transfer, in the Record Of Sale database, the firearm is probably still listed in his name. Not that it matters, but just saying.
    He likely has a receipt with his name on it for the ring also...works the same way, it was a gift.
    Galations 6:9...And let us not grow weary of doing good, for in due season we will reap, if we do not give up.
    Ashli Babbitt - Patriot

  8. #8
    Join Date
    Oct 2007
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    Northcoast, Pennsylvania
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    Default Re: Husband ghifts firearm to wife, then divorce...

    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.

  9. #9
    Join Date
    Jan 2007
    Location
    Pittsburgh, Pennsylvania
    (Allegheny 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.
    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.

  10. #10
    Join Date
    Apr 2007
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    Pennsyltucky, Pennsylvania
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    Default Re: Husband ghifts firearm to wife, then divorce...

    The gun is legally yours, keep it, and know how to use it!

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