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Can a wife sell her husbands guns in GA?

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And technically, the ATF would have joint jurisdiction in states cases where NFA items were stolen, although not a theft is not a federal crime, NFA theft put it in two different jurisdictions, theft by taking in the local courts, and then National Firearms Act Provisions at the Federal Circuit level.

NFA items are federally regulated. Different ball game.
 
Going back a few posts - property is NOT jointly owned simply because you are married. Period. If that were the case, the many thousands of transactions I have closed with a married person selling their solely owned property would be invalid.

I can sell the car that is titled in my name only with absolutely no consent of my spouse. She has no legal claim to it. She has an equitable interest in it because it was purchased during the marriage, but until that equitable interest is asserted in a divorce action or the like, she can't stop me from selling it and she can't sell it.

The fact that there are not titles to firearms is the only difference in the two scenarios. Can he prove that she is not the owner? Not with paper, but I am sure that unless some one perjures themselves that it will be pretty clear that they belong to him.

Can you imagine what her divorce attorney would do with information that he sold all her jewelry?

Just because it would not be a criminal offense does not mean that selling your spouses property would be legal.

One last time folks - just because property is acquired during marriage does not make it joint property. Period.
 
Here's a thought or at least how I feel. Despite the way the laws work and such but. If one was really wanting to harm or kill themselves or another and had a gun readily available, would they not use it to do what they really intend to do?


People do stupid things in the heat of the moment and if during that time they didn't grab their gun then that tells me that fatal harm is/was not their intent. IMO


I'm not trying to defend one or the other. But we are on a gun forum and some are talking gun confiscation when no one has the whole story.


Honesty, when I hear of someone having a fear of guns or a dislike for guns I really tells me the type of person they really are.
 
Going back a few posts - property is NOT jointly owned simply because you are married. Period. If that were the case, the many thousands of transactions I have closed with a married person selling their solely owned property would be invalid.

I can sell the car that is titled in my name only with absolutely no consent of my spouse. She has no legal claim to it. She has an equitable interest in it because it was purchased during the marriage, but until that equitable interest is asserted in a divorce action or the like, she can't stop me from selling it and she can't sell it.

The fact that there are not titles to firearms is the only difference in the two scenarios. Can he prove that she is not the owner? Not with paper, but I am sure that unless some one perjures themselves that it will be pretty clear that they belong to him.

Can you imagine what her divorce attorney would do with information that he sold all her jewelry?

Just because it would not be a criminal offense does not mean that selling your spouses property would be legal.

One last time folks - just because property is acquired during marriage does not make it joint property. Period.

Wait are you telling me there are two different types of actions here??? Civil AND legal? ...:rolleyes:
 
Lol why don't you go back to your moms basement and continue on your xbox. Oh wait are you an attorney?

My name is Lee Weems. I am the Chief Deputy of the Oconee County Sheriff's Office. I have a Master of Public Administration degree from the University of Georgia. I am an instructor of political science for Georgia Military College and previously was an instructor of criminal justice for Gainesville State College prior to its consolidation into the University of North Georgia. I hold a POST Advanced certificate as well as numerous other such certifications including being certified as an instructor by multiple organizations including the FBI. I have been a peace officer for over 15 years. In that time, I have served numerous protective orders for the courts and have worked numerous domestic violence incidents. I have also taken or been privy to numerous reports of instances in which one spouse was claiming "theft" on the part of another spouse. I have yet to see a single instance of a prosecution being initiated over such a "theft".

No. I'm not a lawyer.
 
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