Y u so stoooopiiiddd
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Can a wife sell her husbands guns in GA?
- Thread starter USMCDAWG03
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Y u so stoooopiiiddd
She needs to speak with a good attorney. Cobalt has pretty much stated what GA law says on selling his/her property.
She can, if she has not already, have his guns taken under the TRO until it is all worked out. And, if he is convicted of DV, his gun ownership right is gone. Terrible situation for the both of them, and their children.
If I were you OP, I would be leary of keeping his guns at your place. If he is unstable, he just might make trouble for you at your residence. And, whatever you do, watch your 6 at all times.
She can, if she has not already, have his guns taken under the TRO until it is all worked out. And, if he is convicted of DV, his gun ownership right is gone. Terrible situation for the both of them, and their children.
If I were you OP, I would be leary of keeping his guns at your place. If he is unstable, he just might make trouble for you at your residence. And, whatever you do, watch your 6 at all times.
I have always heard "Old Timers" in the Pawn Shop Business telling stories about wives getting pissed, and selling their hubbys guns to them for next to nothing....
Right or WRONG >> I am sure this kinda stuff happens everyday.. My opinion is to try and NOT GET INVOLVED as much as possible in their relationship/PROBLEMS.. I CAN tell you from 1st hand EXPERIENCE , chances ARE GOOD that you WILL end up being hated by both of them (when/if they re-unite) if you get too involved....but....NO KID DESERVES TO HAVE TO LIVE IN THIS KIND OF ATMOSPHERE!!! PERIOD!!!! Let her parents HELP her...and YOU DO EVERYTHING IN YOUR POWER FOR THE WELFARE OF THOSE KIDS!!! KUDOS to YOU, and your WIFE for helping .....YALL JUST BE CAREFUL.....This is A BAD SITUATION to be involved in..
BEST OF LUCK!!
Right or WRONG >> I am sure this kinda stuff happens everyday.. My opinion is to try and NOT GET INVOLVED as much as possible in their relationship/PROBLEMS.. I CAN tell you from 1st hand EXPERIENCE , chances ARE GOOD that you WILL end up being hated by both of them (when/if they re-unite) if you get too involved....but....NO KID DESERVES TO HAVE TO LIVE IN THIS KIND OF ATMOSPHERE!!! PERIOD!!!! Let her parents HELP her...and YOU DO EVERYTHING IN YOUR POWER FOR THE WELFARE OF THOSE KIDS!!! KUDOS to YOU, and your WIFE for helping .....YALL JUST BE CAREFUL.....This is A BAD SITUATION to be involved in..
BEST OF LUCK!!
A wife selling the husband's guns without his consent.
Hmmm.....
My first off-the-cuff response is that if the guns were acquired during the marriage with money earned during the marriage, the guns are marital property, not personal and sole property of the one who selected them and normally uses them.
Naturally, if the guns were gifted to one spouse specifically, then they belong to that one spouse alone.
If that spouse entered the marriage already owning these guns, they're his alone.
But no matter how much or little of a property interest each spouse has, the spouse who takes the property and disposes of it cannot be charged with any theft (theft by taking, or by conversion) of that property, as the property of a spouse IS NOT the "property of another" as defined in Georgia criminal laws (see O.C.G.A. 16-8-1).
I have never heard of any Solicitor or District Attorney prosecuting a case where one spouse sold, gave away, or even destroyed the personal property (chattels) that was what would be called "marital property."
Hmmm.....
My first off-the-cuff response is that if the guns were acquired during the marriage with money earned during the marriage, the guns are marital property, not personal and sole property of the one who selected them and normally uses them.
Naturally, if the guns were gifted to one spouse specifically, then they belong to that one spouse alone.
If that spouse entered the marriage already owning these guns, they're his alone.
But no matter how much or little of a property interest each spouse has, the spouse who takes the property and disposes of it cannot be charged with any theft (theft by taking, or by conversion) of that property, as the property of a spouse IS NOT the "property of another" as defined in Georgia criminal laws (see O.C.G.A. 16-8-1).
I have never heard of any Solicitor or District Attorney prosecuting a case where one spouse sold, gave away, or even destroyed the personal property (chattels) that was what would be called "marital property."
It always amuses me to see people post so vehemently on stuff when they have no actual knowledge as to the subject matter.
First, spouses can't technically steal from spouses. While GA isn't a "community property state", the items are owned jointly until there is a formal division of property. One spouse can file a civil suit against the other, but it would not be criminal for the woman in this case to sell the firearms. That's the chances you take when you say, "I do".
Consider this, one of the crimes covered under the Family Violence Act in GA is criminal trespass. If a man and wife, for example, argue over what to watch on TV, and one party throws the remote against the screen shattering it, that party can be arrested under the FVA for criminal trespass even though they damaged their own property. Why? Because it is also the property of the other party.
No person in GA has a restraining order on another person. GA doesn't issue restraining orders just like it doesn't issue "concealed carry permits". GA issues "Criminal Protective Orders" and "Civil Protective Orders". The former is issued pursuant to criminal cases and the latter is issued in domestic situations.
When it comes to a protective order, the filing party can't simply "have the judge" do whatever the filing party wants. The judge makes those decisions, and specifics are not automatic, and the issuing judge does not have to include requested provisions. Provisions may be very narrowly defined, or they may be absolute. The filing party also simply can't "have the Sheriff confiscate his guns" or hold them until the legal wranglings are complete. There are due process of law issues at play. Also, unless the judge includes a specific provision to seize all firearms, they are not automatically seized. Yes, I have seen and served protective orders when this provision was knowingly not included.
Typically, the first leg of a protective order is temporary in nature as is is based on one sided testimony (ex parte). The judge issues a temporary order along with a court date to hear testimony from both sides prior to issuing/not issuing a permanent protective order.
A pending felony of family violence charge does not revoke a person's right to lawfully own a firearm. While a person may not be able to buy a firearm from a licensed dealer or obtain a GWCL with charges pending, unless and until there is a conviction the person may still legally possess a firearm unless their is a bond provision prohibiting it or a judge has specifically placed such a provision in a protective order.
First, spouses can't technically steal from spouses. While GA isn't a "community property state", the items are owned jointly until there is a formal division of property. One spouse can file a civil suit against the other, but it would not be criminal for the woman in this case to sell the firearms. That's the chances you take when you say, "I do".
Consider this, one of the crimes covered under the Family Violence Act in GA is criminal trespass. If a man and wife, for example, argue over what to watch on TV, and one party throws the remote against the screen shattering it, that party can be arrested under the FVA for criminal trespass even though they damaged their own property. Why? Because it is also the property of the other party.
No person in GA has a restraining order on another person. GA doesn't issue restraining orders just like it doesn't issue "concealed carry permits". GA issues "Criminal Protective Orders" and "Civil Protective Orders". The former is issued pursuant to criminal cases and the latter is issued in domestic situations.
When it comes to a protective order, the filing party can't simply "have the judge" do whatever the filing party wants. The judge makes those decisions, and specifics are not automatic, and the issuing judge does not have to include requested provisions. Provisions may be very narrowly defined, or they may be absolute. The filing party also simply can't "have the Sheriff confiscate his guns" or hold them until the legal wranglings are complete. There are due process of law issues at play. Also, unless the judge includes a specific provision to seize all firearms, they are not automatically seized. Yes, I have seen and served protective orders when this provision was knowingly not included.
Typically, the first leg of a protective order is temporary in nature as is is based on one sided testimony (ex parte). The judge issues a temporary order along with a court date to hear testimony from both sides prior to issuing/not issuing a permanent protective order.
A pending felony of family violence charge does not revoke a person's right to lawfully own a firearm. While a person may not be able to buy a firearm from a licensed dealer or obtain a GWCL with charges pending, unless and until there is a conviction the person may still legally possess a firearm unless their is a bond provision prohibiting it or a judge has specifically placed such a provision in a protective order.
i sure as **** wouldnt sell something that wasnt mine
Unless there is paper work showing the husband as owner , why couldn't she sell them as her own ?
Yeah, and I'm not the Chief Deputy or anything and don't deal with these cases on a very regular basis.
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