Legal Question about Firearms

[Chaton_13]

so, I'm wondering if anyone can answer this question for me. My husband has an H&K piston and a 30/30 rifle. They are both registered in his name, and his name only. His ex-wife still has them in her possession and refuses to give them back. Is she legally allowed to keep them??? Or can we call the cops and have them removed from the home, or do we need to petition the courts? We live in NC. They weapons were in their home when he deployed, and then never moved back into the home upon coming home from deployment. So, he is not allowed in the home to retrieve them.

 

[ddennis]

I would try calling the police department first, have an officer come out, make sure he lets them know he is military, and explain the situation.

 

[captdave77]

According to the divorce decree, to whom do they belong?

I assure you she is not the first ex-wife to make room in a man's safe. I lost a dog and a Beretta amongst most of my belongings to my first wife.

 

[Springfield 1911]

They are registered? That sucks if NC has registration. I would say what the divorce decree says is it otherwise 50/50. You might want to message 07jk I think he might be a lawyer. Good luck!

 

[JHV2]

Does NC really have registration? GA does not.

 

[captdave77]

They are registered? That sucks if NC has registration. I would say what the divorce decree says is it otherwise 50/50. You might want to message 07jk I think he might be a lawyer. Good luck!

I do not believe NC is a register state.

 

[Chaton_13]

I think he registered them in VA, but either way, they are in his name. And I know for sure that in NC, you have to have a permit to obtain a pistol, even if you are buying from a private seller.

- - - Updated - - -

Ok, I stand corrected, I apologize. They are not "registered" they were purchased in VA in his name.

 

[blazedawg87]

Prolly means he bought them new so they are in his name per the 4473 form.

 

[Laxguy59]

Yea there is no "registry" for them in VA or NC. If the item is a disputed item during the divorce then it is based on the decree. Talk to your lawyer if it is worth it.

 

[captdave77]

Unless there is a prenup, assets "owned" by either party are considered "marital assets" and they should have been mentioned in the divorce. If they were not listed among the assets in the divorce, they may be lost to the dreaded ex. If they were listed as his, he can sue, but I am not sure what the police can do about a civil matter.

Please note: I am not an attorney nor did I stay at a Holiday Inn Express last night. I did, however, lose almost everything I had to a pretty face and awesome rack.