Illegal Transfer of firearm?

**fep906** · October 29th, 2016, 09:14 PM

My wife (now my X-wife) had me put in prison in 2013 for pointing my gun (unloaded) at her drunk during an arguement. I own my wrong, and paid dearly. There was a second firearm in the house registered to me she didn't surrender to the police.
2 months later before she moved back to NYC, she takes my gun (while I'm in prison) to a gun dealer, and transfers it to her brother-in-law in NYC (a retired NYPD detective).
Was it legal to transfer my registered firearm without me there, or my consent. It should have been handed over to the local police after my arrest right?
I really need to know the answer as soon as possible guys.. Thank You.

**SteveWag** · October 29th, 2016, 09:31 PM

First of all, as a resident of PA, it was NOT “registered” to you. Second, (not a lawyer), it was common property. Third, a “transfer’ between husband and wife is paperless. It would seem that her transfer would be legal.
Steve

**Rosco the Iroc** · October 29th, 2016, 09:59 PM

Second between the charges (in sure there's more to this) and time in jail sounds like she did you a favor.

**39flathead** · October 29th, 2016, 10:34 PM

Sorry, she did nothing illegal.

This should have been brought up during the divorce.

My ex sold a couple guns that were mine, judge said they were ours, but she was responsible for paying me my half.

Unless it was a $10,000 firearm, I'd live and learn from it.
If it was a $10,000 firearm, call your lawyer.

This post is my opinion based on my own divorce and is not legal advice.

**09polaris** · October 29th, 2016, 10:46 PM

To the OP, what did your lawyer say?
Personally, I would have consulted legal counsel before jumping on a forum...
Whether it was legal or not..
Maybe I'm just cautious, but I don't want my "might be incriminating" business online..

Good luck ...

**hog45** · October 30th, 2016, 03:47 AM

If you got out of prison, went home, and had a gun in your house that that you claimed was yours, you would be going back in. You are now a prohibited person, which means no guns for you, ever.

I could be wrong but that is my understanding. It is gone now, and you aren't going to get it back. I am not a big fan of this law, but nobody asked me.

I am not a lawyer, nothing here is legal advice.