All guns stolen :( - Page 8
You are Unregistered, please register to use all of the features of FirearmsTalk.com!    
Firearm & Gun Forum - FireArmsTalk.com > Handguns > Semi-Auto Handguns >

All guns stolen :(


Reply
 
LinkBack Thread Tools Display Modes
Old 10-13-2013, 02:54 PM   #71
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
jjones45's Avatar
 
Join Date: Jul 2013
Posts: 626
Liked 139 Times on 104 Posts

Default

Dude this is just a bad situation. Your mom steals your guns and you want to know what legal action to take to have her prosecuted? And she has custody of your two younger sisters to boot. I feel bad for you man and can't even suggest what to do as I know my mom would never do something like this. I have heard more stories of family members burning people worst than outsiders more and more lately. "You can pick your friends but not your family" comes to mind.
jjones45 is offline  
Axxe55 Likes This 
Reply With Quote
Old 10-13-2013, 05:00 PM   #72
Feedback Score: 0 reviews
 
dcilten's Avatar
 
Join Date: May 2013
Posts: 181
Liked 47 Times on 33 Posts

Default

What a bi!@$! What kind of mother does that to her kid?!?
dcilten is offline  
texaswoodworker Likes This 
Reply With Quote
Old 10-13-2013, 05:16 PM   #73
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
Airborne1's Avatar
 
Join Date: Jul 2013
Location: Central California
Posts: 986
Liked 597 Times on 359 Posts
Likes Given: 3116

Default

Quote:
Originally Posted by Rick1967 View Post
Depending on where they live it might not be theft. Colorado is a community property state. If the OP is a minor and the guns were the fathers, then in Colorado they would be equally hers. She would have the right to sell them.

If the OP is an adult and she thought the guns were her husband's...she could have sold them not knowing they were not legal for her to sell.

If my mother sold my guns because she thought they were my father's I would be bummed. But I would not try to charge her with anything. I would want to find out who bought them just to make sure they were not a felon. I would expect my mother to give me the money she got for them.
Good points Rick!
Airborne1 is offline  
 
Reply With Quote
Old 10-13-2013, 06:24 PM   #74
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
JW357's Avatar
 
Join Date: Apr 2013
Location: North Carolina
Posts: 6,716
Liked 3733 Times on 2287 Posts
Likes Given: 1224

Default

Quote:
Originally Posted by Doc3402
Nail her on the straw purchase(s) and get her extradited back to Alaska.

Unless he can be implicated in the straw purchase as well. Again, I've heard both parties in a straw purchase can be held responsible.


Quote:
Originally Posted by jjones45
you want to know what legal action to take to have her prosecuted?
Actually I don't believe at any time he asked advice on what he can do in terms of a legal route. He even said several times that he wasn't going to do anything because he is worried about his sisters' well being. We, in our usual manner, started offering advice.
__________________
Always have clean socks.
JW357 is offline  
2
People Like This 
Reply With Quote
Old 10-13-2013, 06:27 PM   #75
The Apocalypse Is Coming.....
Feedback Score: 0 reviews
 
Join Date: Aug 2011
Posts: 7
Liked 22314 Times on 12477 Posts
Likes Given: 53672

Default

Quote:
Originally Posted by JW357 View Post
Unless he can be implicated in the straw purchase as well. Again, I've heard both parties in a straw purchase can be held responsible.




Actually I don't believe at any time he asked advice on what he can do in terms of a legal route. He even said several times that he wasn't going to do anything because he is worried about his sisters' well being. We, in our usual manner, started offering advice.
with the OP being a minor, his options are probably pretty limited and more than likely, not a whole lot he can do to get his guns and property back.
Axxe55 is offline  
 
Reply With Quote
Old 10-13-2013, 06:34 PM   #76
JTJ
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
JTJ's Avatar
 
Join Date: Oct 2010
Location: Lake Havasu,Arizona
Posts: 7,298
Liked 2884 Times on 1582 Posts
Likes Given: 810

Default

The only legal issue I can see is child abandonment. If she kicked him out of the car, she abandoned him. Lots of moral issues though. Just think about what could happen to the sister while she is under the control of the mother who apparently has serious moral problems.
__________________
Patron Member NRA
"I would not be an old man if I had not been an armed young man." JTJ
I was taught to respect my elders but they are getting harder to find.
JTJ is offline  
3
People Like This 
Reply With Quote
Old 10-13-2013, 06:42 PM   #77
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
Join Date: Aug 2011
Location: Detroit,mi
Posts: 3,488
Liked 1376 Times on 810 Posts
Likes Given: 252

Default

OP, this is one of those expensive life lessons you will learn from time to time. Take a deep breath, suck it up, and remember how she hurt you to get back at her ex.
partdeux is offline  
 
Reply With Quote
Old 10-13-2013, 07:10 PM   #78
The Stanley Cup winners......the Blackhawks
FTF_ADMIN.png
Feedback Score: 0 reviews
 
winds-of-change's Avatar
 
Join Date: Aug 2010
Location: Northern Illinois
Posts: 25,517
Liked 8883 Times on 5314 Posts
Likes Given: 11878

Default

Quote:
Originally Posted by Axxe55 View Post
i agree, but he probably never thought that thief would be his own mother.
I meant any thief. I live alone and my guns are always locked up.
__________________
Honor Student: School of Hard Knocks
To the world you may be one person, but to one person you may be the world.
Quando Omni Flunkus Moritatus
winds-of-change is offline  
Airborne1 Likes This 
Reply With Quote
Old 10-13-2013, 07:19 PM   #79
Feedback Score: 0 reviews
 
Shade's Avatar
 
Join Date: Oct 2010
Location: Kankakee County,Illinois
Posts: 1,773
Liked 714 Times on 431 Posts
Likes Given: 860

Default

Boy, is there a lot of misinformation in this thread.

First, a parent or legal guardian can purchase a firearm for a minor,
and it is not a straw purchase. Federal law does not limit the age
for possession of long guns, only the purchase of firearms, and possession
of hand guns.

Possession laws can vary from state to state.

I live in IL and both of my minor children have an Illinois FOID card, read
below for that reason.

Quote:
Can a Minor Possess a Gun?

Whether or not a minor may legally possess a handgun or other firearm depends on the law of the specific state:

◾California
◾Minors under 18 may not possess handguns without parental permission or authorized supervision. However, there are no laws regulating a minor's possession of rifles or shotguns.
◾You cannot sell or give handguns to minors under 21, and other firearms to minors under 18, unless for supervised loans of firearms or for limited lawful activities, such as hunting.
◾Florida
◾Minors under 18 may not possess any firearm without parental permission or authorized supervision.
◾No selling or giving firearms to minors under 18, unless for supervised loans of firearms or for limited lawful activities, such as hunting.
◾Illinois
◾Minors under 18 may not possess handguns without parental permission or authorized supervision, but they may possess other firearms if they have a state issued license.
◾It is legal to sell or give firearms other than handguns to minors holding a state license card, or for limited lawful activities, such as hunting.
◾New York
◾Minors under 21 may not possess handguns, and minors under 16 may not possess any other firearms without parental permission or authorized supervision.
◾No selling or giving firearms to minors under 19, unless for supervised loans of firearms or for limited lawful activities, such as hunting.
◾Texas
◾There are no state laws prohibiting a minor from possessing firearms, including handguns and semiautomatic assault weapons. Minors do not even need parental permission to be in possession of a firearm.
◾No selling or giving firearms to minors under 18, unless for supervised loans of firearms or for limited lawful activities, such as hunting.
http://www.legalmatch.com/law-library/article/minor-in-possession-of-a-gun.html

I could not find any references to specific Alaskan laws.

Now since his mother left Alaska with him and his possessions, and told him
that he was going to live with her in WY, but then abandoned her. She can
be charged with:
  • Child endangerment
  • Child abandonment
  • Possibly kidnapping if Dad did not want the kids to leave AK.
  • Theft of property (guns tools equipment etc.) the sticky part her is he was a minor and minors owning property varies from state to state.

As far as the guns go who's name is on the Form 4473, if it is hers then if
they turn up later used in a crime the ATF and FBI will be looking for her
and not the OP.

Even if he paid for them she purchased for them that is going to be tough
to prove with her name on the 4473; now if Dad's name is on them that is
a different story completely.

BTW, even in a divorce firearms would be long to whomevers name is on
the 4473, been there done that. Firearms are not community property
because a background check is required when purchased from a FFL.

Even know of a case here in IL where a wife lost possession of her Dad's
guns when she got divorced because she never got a IL FOID card; once
she got it the ex-husband did give them back.


http://smartgunlaws.org/minimum-age-to-purchase-possess-firearms-policy-summary/
__________________
An Armed man is a Citizen,
An Unarmed man is a Subject. -- Unknown

"I am prepared are you?" -- Shade

"Regulation, registration, confiscation, domination, that's the Progressive agenda." -- RED Caddy


Last edited by Shade; 10-13-2013 at 07:25 PM.
Shade is offline  
2
People Like This 
Reply With Quote
Old 10-13-2013, 07:39 PM   #80
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
Join Date: Jan 2011
Location: Jacksonville,FL
Posts: 2,823
Liked 1768 Times on 989 Posts
Likes Given: 1302

Default

Shade,

You missed one important point. The OP gave his mother the money to buy the guns. They were not gifts purchased by a parent. That makes it a straw purchase. He was the actual buyer because the money used was his.

Quote:
A “straw purchase” occurs when the actual buyer of a firearm uses another person, a “straw purchaser,” to execute the paperwork necessary to purchase a firearm from a federally licensed firearms dealer (FFL).1 A straw purchaser is a person with a clean background who purchases firearms specifically on behalf of a person prohibited from purchasing a firearm because he or she is a convicted felon, domestic violence misdemeanants, juvenile, mentally ill individual or other federally or state-defined prohibited person.2 The straw purchaser violates federal law by making a false statement to the FFL about a material fact by lying on ATF Form 4473 (the firearm transaction record) or presenting false identification in connection with the purchase.3
Doc3402 is offline  
 
Reply With Quote
Reply

Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
What if your guns got stolen? orienteeer The Club House 14 01-25-2013 05:53 AM
LEO's reunite gun owner with stolen guns. orangello The Club House 2 10-29-2012 08:38 PM
Stolen Gun clip11 Legal and Activism 10 03-15-2011 01:22 AM
Stolen Long Guns CA357 General Rifle Discussion 9 08-10-2009 10:06 PM
Ever had a gun stolen EricM The Club House 7 01-09-2009 03:10 AM



Newest Threads