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Thread: Odd situation, any legal eagles?
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June 24th, 2014, 04:14 AM #1
Odd situation, any legal eagles?
My wife was telling me that one of the ladies at work, her daughter is in a strange situation.
She was dating a guy. Lets call him A. She buys a Harley, and says it is for him. Title is in her name, nothing is in his.
Now turns out, he is dipping his wick into any girl that moves. So, out the door he goes.
Well, he took the Harley, and her pistol.
Now the Harley is easy peasy. I told her to sign the title over to me, I'll run over and get it. The pistol though, that is a bit on the tricky side.
Apparently, and I am going off of what I was told. But apparently, he registered the pistol over in Ohio. She called the PA state police, who said to call the OH state police. The OH state police told her "Sorry, tough luck."
Now, to me that doesn't seem right. That is theft of a firearm, not to mention the bike.
The concern is that it is a pistol, and was not transferred. He just grabbed it and left.
Does anyone have any suggestions?I'm so fast, I can bump fire a bolt action.
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June 24th, 2014, 04:27 AM #2
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June 24th, 2014, 04:33 AM #3
Re: Odd situation, any legal eagles?
There are a few holes in the story, but it's simple, stay out of it.
With the bit of information you provided;
He can try to claim the bike was a gift and sue her for it. In the meantime, she can take possession of it. If she reported the firearm as stolen and the PSP "database" shows that it was not transferred from her to anyone else, she can swear on the affidavit on an application for a warrant for theft of the firearm. According to the NRA-ILA website, Ohio has no firearms registration.
The information she provided is weak and suspicious.Those who dare.
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June 24th, 2014, 04:33 AM #4
Re: Odd situation, any legal eagles?
My bet is the pistol is small potatoes and no one gives a fuck about a $400 - $600 theft, even a handgun. Now it's interstate, are you going call the FBI? Watch them spring into action over it?
It cost her a few hundred to learn a lesson and dump a piece of shit, that's a bargain in life lessons. Sad to say, it I'm betting the reactions would change if we talking 1000 guns, or cops guns, or something truly juicy or newsworthy, but from the reactions you're getting, this rates right up there with a stolen bicycle.
Make sure it's reported stolen properly, and move on.
I had a rifle and shotgun stolen from me in Maryland back in the 90's, I even knew who stole them. I swear I could hear the yawning over the phone as he taking the report.While many claim to support the right, precious few support the practice.
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June 24th, 2014, 07:15 AM #5
Re: Odd situation, any legal eagles?
To transfer a pistol from a PA resident to anyone else, she'd have to use at least 1 FFL, possibly 2. Not clear if he's now an Ohio resident, but that doesn't matter. Two PA residents have to use an FFL, and a PA to OH transfer has to use an OH FFL or a PA to OH pair of FFL's.
If he took possession of it in PA and unilaterally registered it in Ohio, he's broken state and federal laws. Theft and unlawful transfer.
She needs to report it stolen, get it placed on the national list of stolen guns. She should have some records of when she bought it, and the ex will have no lawful explanation of how he took possession. Eventually, some cop will encounter this guy, run the serial numbers, and he'll enjoy some unexpected time with that PD.
As for the bike, if she has the keys then she can use self-help and take it back. It's registered to her, the "gift" would be complete after she transferred registration to him. Watch out for forged transfer papers, sounds like he's the sort who would do that. And everybody seems to know a notary who will falsify paperwork for their friends.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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June 24th, 2014, 07:25 AM #6
Re: Odd situation, any legal eagles?
love is blind, and somewhat naive.
Derrion Albert was my Hero.
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June 24th, 2014, 07:57 AM #7Banned
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Re: Odd situation, any legal eagles?
Probably easier said than done but I think you should just stay out of it. You don't know the guy and you'd go over and take a bike who he believes is his. Plus he is armed. Too many bad outcomes. She should call the police or take him to court. She doesn't ride the bike so why does she need it back so quickly. Seems more of vengeance rather than a smart decision
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June 24th, 2014, 12:10 PM #8Active Member
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Re: Odd situation, any legal eagles?
Let the courts decide the fate of both possessions. Let your daughter live her own life and solve her own problems\messes. Seems she has made a really bad choice in a partner. Maybe she'd do better if she didn't have a safety net.
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June 24th, 2014, 12:19 PM #9
Re: Odd situation, any legal eagles?
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June 24th, 2014, 12:46 PM #10
Re: Odd situation, any legal eagles?
I'm not getting shot over somebody else's motorcycle or pistol. Tell her to contact an attorney.
There's no such thing as a free lunch.
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