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Posted: 10/30/2009 4:58:43 AM EST
My buddie is going through a divorce. Hell I am too. for that matter. But his soon to be ex took his firearms and hid them. He just called his attorney and reported it. I was just courius about NC law.What is the charge of gun theft ????? WarDawg
Link Posted: 10/30/2009 5:44:34 AM EST
If he bought them while they were married, they both own them, so it's not technically theft. Anything he can prove was purchased prior to marriage, he legally owns himself.

Sucks, but he should have had them in a safe that she couldn't get into. Hindsight is 20/20.
Link Posted: 10/30/2009 5:44:43 AM EST
[Last Edit: 10/30/2009 5:44:55 AM EST by fenderfreek]
Double tap
Link Posted: 10/30/2009 6:52:27 AM EST
Anything he can prove was purchased prior to marriage, he legally owns himself


I'm not to sure that's true in NC.
What's hers is hers and what's yours is hers.
WD I'll hold some of your toys for you if you need me to.
Link Posted: 10/30/2009 2:55:17 PM EST
If they are handguns, she is in violation of state law if she took ownership of them without pistol permits.
Link Posted: 10/30/2009 4:35:14 PM EST
Originally Posted By WarDawg:
My buddie is going through a divorce. Hell I am too. for that matter. But his soon to be ex took his firearms and hid them. He just called his attorney and reported it. I was just courius about NC law.What is the charge of gun theft ????? WarDawg


Sorry to hear that bro, I didn't know.

Link Posted: 10/30/2009 5:37:51 PM EST
Don't know that anything can be done but it might be worth a trip to the local PD. Take all the #'s and makes and so forth. It sucks and I am sorry. If theirs kids involved then I would just suggest taking the high road and not stooping all the way down to her level. It would be hard to explain to your kids that you called the cops on "MOMMA". Unless it's a ton of money or maybe sentimental I'd just let it go and start over again with a new collection.
Link Posted: 10/30/2009 5:52:55 PM EST
In NC, its all joint property. Pistols might be a problem for her unless she has CC.
Link Posted: 10/31/2009 3:20:16 AM EST
Several was his fathers and gandfathers rifles. One or two was purchased dureing the marriage. In NC what was yours before the marriage is still yours and anything given to you as a gift is still yours. Anything inheritaded is yours with no claim to be made on value shared. I know this from my own attorney. Only what was purchased dureing the marriage can she cliam 50% of the value. Guys I'm really happy now other than missing my kids. I'm liveing on Chestnut Grove rd...... Modern you know where that is...... I'm right past YMCA camp rd. in a trailer for the time ( renting ) . I'm waiting for the big D to be done and save up for a house in the King / stockes county area...... I'm down but not out. Thats why yall haven't seen alot of me over the recent enough past.. Dealing with it all. No tear in my beer here. I have Sand in my ass. LOL...WarDawg
Link Posted: 10/31/2009 7:04:03 AM EST
Only what was purchased during the marriage can she claim 50% of the value.


But that doesnt give her any power to actually hold the property and deny you access to it during the litigation.
Link Posted: 10/31/2009 8:45:46 AM EST
I'd be most worried about a woman that hates me enough to want me out of their life having access to an instant arsenal.

When and if you get them back best do a DETAILED operational check on all.
Link Posted: 10/31/2009 4:45:04 PM EST
They are just as much his as they are hers, if she will not produce them report them stolen to the police. Jut because she says she has them that is not proof, you must see them or they are in fact stolen. Once reported stolen if she gets caught with them she will have to deal with the legal issues invloved with possesion of stolen property.
Link Posted: 11/1/2009 3:58:18 PM EST
"Hell knows no fury like a scorned woman." And according to them were always doing the scorning.
Link Posted: 11/2/2009 6:46:25 AM EST
[Last Edit: 11/2/2009 6:48:21 AM EST by jerz_subbie]
I would definitely call the police! Not so much to get her arrested but to CYA; if she's arrested, that's on her. Although she says she has them and will presumably do with them as the divorce court orders, I wouldn't take the chance. I question the legality of her taking possession of them if she doesn't have a CHP. What if she sells them illegally because she doesn't know NC laws? If those guns get into the wrong hands ever in their life, it's going to be traced back to you. There are a number of risks of having someone else possessing your guns, let alone someone that doesn't like you! Of course if the police recover them they may be held at the PD until the divorce is final but personally I'd rather that in this case.

It might be worth a shot to have his attorney contact her attorney telling him/her of the legal risks to their client for potentially illegally possessing his guns and try to arrange an exchange.
Link Posted: 11/2/2009 11:45:49 AM EST
Originally Posted By jerz_subbie:
I would definitely call the police! Not so much to get her arrested but to CYA; if she's arrested, that's on her. Although she says she has them and will presumably do with them as the divorce court orders, I wouldn't take the chance. I question the legality of her taking possession of them if she doesn't have a CHP. What if she sells them illegally because she doesn't know NC laws? If those guns get into the wrong hands ever in their life, it's going to be traced back to you. There are a number of risks of having someone else possessing your guns, let alone someone that doesn't like you! Of course if the police recover them they may be held at the PD until the divorce is final but personally I'd rather that in this case.

It might be worth a shot to have his attorney contact her attorney telling him/her of the legal risks to their client for potentially illegally possessing his guns and try to arrange an exchange.

Thats what exactly happened. His attorney made contact with hers about the ILLEGAL takeing PERSONAL property from the home. WarDawg

Link Posted: 11/2/2009 1:00:54 PM EST
Originally Posted By WarDawg:
Originally Posted By jerz_subbie:
I would definitely call the police! Not so much to get her arrested but to CYA; if she's arrested, that's on her. Although she says she has them and will presumably do with them as the divorce court orders, I wouldn't take the chance. I question the legality of her taking possession of them if she doesn't have a CHP. What if she sells them illegally because she doesn't know NC laws? If those guns get into the wrong hands ever in their life, it's going to be traced back to you. There are a number of risks of having someone else possessing your guns, let alone someone that doesn't like you! Of course if the police recover them they may be held at the PD until the divorce is final but personally I'd rather that in this case.

It might be worth a shot to have his attorney contact her attorney telling him/her of the legal risks to their client for potentially illegally possessing his guns and try to arrange an exchange.

Thats what exactly happened. His attorney made contact with hers about the ILLEGAL takeing PERSONAL property from the home. WarDawg



That's good to hear, It's the best possible outcome! Hopefully all of the guns are OK.
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