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Can a wife sell her husbands guns in GA?
- Thread starter USMCDAWG03
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I would really, really like to see a citation and read the case of an actual instance where one spouse has been criminally prosecuted for selling property.
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A couple of examples from other legal theory:
A wife gave away her husband's entire movie connection; a movie collection he had when they married no less. She then moved out. The husband was not able to secure a warrant.
A woman's husband died leaving her a considerable amount of money. A few years go by, and she marries another man. That man promptly emptied the bank account and left her. She has repeatedly but unsuccessfully tried to secure a warrant for the "theft" of "her" money.
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A couple of examples from other legal theory:
A wife gave away her husband's entire movie connection; a movie collection he had when they married no less. She then moved out. The husband was not able to secure a warrant.
A woman's husband died leaving her a considerable amount of money. A few years go by, and she marries another man. That man promptly emptied the bank account and left her. She has repeatedly but unsuccessfully tried to secure a warrant for the "theft" of "her" money.
Whether or not he was attempting suicide has nothing to do with the legality of her selling the firearms.
The ATF has absolutely no jurisdiction over the state laws concerning theft and property rights. The fact that the firearms are property doesn't give them any jurisdiction into such a matter. The firearms in question could be substituted for a vehicle, or a TV, or anything else, and the legal question doesn't change.
Okay so what about this, Wife sales guns, husband finds out and then reports them stolen, thus retroactively she is selling stolen property since some theft cases are retractive because people do not realize that some things are stolen until a later date. Like when kids wrongfully sale there parents jewelry when its not theirs to sell.
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.
Children and spouses are not the same. I can't sell my father's property, but my mother could.
This here is the more critical point. If he purchased the guns before they were married and can prove it (-4473 or sales receipt) that will tie her hands in selling them. If not, then it does become community property. But, her selling the items before an official divorce can come back and bite her in the arse later on if he lawyer up through the divorce, if they divorce (because we all know that some people in abusive relationships always end up back together after the initial shock and all). Everything is community property. She could carry any of his guns for protection if she liked in her car as an extension of their property as a married couple. Just like banking accounts, homes, cars, investments it's all community property. But, the courts decide who gets what in the divorce. When either one of the individuals make a move before the courts, that can be used against you in a negative way. Either way, if he knows what guns he has, he can put a $$$ value on them and what the collection is worth. She may end up paying out way more than what they are actually valued at in the end.
Just my $0.02
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