Jump to content
dwheel

Borrowing a gun

Recommended Posts

Wouldn't it be nice to live in a reasonable state, where you aren't expected to buy a gun twice just so that you and your wife can shoot separately if you wanted to?

 

This happens to my wife and I. We work different hours, and can't shoot together all the time.

Share this post


Link to post
Share on other sites

Married couples have something that is called "community property". This usually comes up in a divorce but the gist is that both individuals are entitled to each others property unless spelled out in a prenuptial agreement.

 

I would love to see this come up in a court of law. One individual owns a $50 K Cabot custom but the other individual has no claim because they did not get a permit for it. Divorce lawyers would freak out.

Share this post


Link to post
Share on other sites

Married couples have something that is called "community property". This usually comes up in a divorce but the gist is that both individuals are entitled to each others property unless spelled out in a prenuptial agreement.

 

I would love to see this come up in a court of law. One individual owns a $50 K Cabot custom but the other individual has no claim because they did not get a permit for it. Divorce lawyers would freak out.

I'm sure they would even it out some how. If u invested all your money in guns they would make you sell them, or half the worth to give to ur ex.

Share this post


Link to post
Share on other sites

Married couples have something that is called "community property". This usually comes up in a divorce but the gist is that both individuals are entitled to each others property unless spelled out in a prenuptial agreement.

 

I would love to see this come up in a court of law. One individual owns a $50 K Cabot custom but the other individual has no claim because they did not get a permit for it. Divorce lawyers would freak out.

Sorry Bruce, but I don't think you have a leg to stand on there.  This is no different than your wife owning a $200,000 car and you insisting you should be able to drive it when you don't have a driver's license.  I think in the event of divorce you would have fair claim to half it's value, but without that driver's license you have no claim to be able to drive it on public roads.

Share this post


Link to post
Share on other sites

2C:58-3(b) - ...............No person shall sell, give, transfer, assign or otherwise dispose of nor receive.........unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or possesses a valid firearms purchaser identification card, and first exhibits said card to the seller, donor, transferor or assignor, and unless the purchaser, assignee, donee, receiver or holder signs a written certification, on a form prescribed by the superintendent, which shall indicate that he presently complies with the requirements of subsection c. of this section and shall contain his name, address and firearms purchaser identification card number or dealer's registration number. 

----------

?????

 

Dont ask me who keeps the COEs around to prove :-) 

Share this post


Link to post
Share on other sites

Sorry Bruce, but I don't think you have a leg to stand on there.  This is no different than your wife owning a $200,000 car and you insisting you should be able to drive it when you don't have a driver's license.  I think in the event of divorce you would have fair claim to half it's value, but without that driver's license you have no claim to be able to drive it on public roads.

 

The problem that I see here is the gun cost $50k but you can only find a buyer to give $5K What is the other party entitled to? $25K or $2.5K? 

Share this post


Link to post
Share on other sites

Another point I want to make is both my wife and I have FPID's We have both purchased firearms. We consider them our firearms regardless of who filled out the paperwork. One shouldn't need to get paperwork for property that is already owned.

 

I'm not trying to belittle anyone here just making a point.

Share this post


Link to post
Share on other sites

Another point I want to make is both my wife and I have FPID's We have both purchased firearms. We consider them our firearms regardless of who filled out the paperwork. One shouldn't need to get paperwork for property that is already owned.

 

I'm not trying to belittle anyone here just making a point.

You asked the question , "is it ok"!  There are really two answers to your question that I will here forth declare as my own opinion! 

 

When you ask any question on this forum, your answer will be based on the letter of of the law or the interpretation of the law as to the best of the respondent's knowledge.

 

The law does not provide for co-ownership of guns in the PRNJ or for that matter, most anywhere! The value of said guns may be marital property in a divorce settlement but that's about it!

If you both go together to the range that is one thing but by statute, you may NOT lend a gun purchased by you to your wife or visa versa! Could you get in trouble, absolutely YES! This is NJ!!!

 

If I were in your shoes, I MIGHT take my wife's gun to the range but that's me! Since my wife HATES guns and probably ME as well for spending money on the hobby, she will never OWN A GUN until I am DEAD!

My opinion therefore is purely speculative! Have I ever been pulled over by a LEO while en route to the range or back home, NO! If I were to be pulled over, would I volunteer ANY info? NO!  If my vehicle was searched and the guns and ammo were found being properly transported with no deviations, (in the case that I was carrying handguns or hollow point ammo) and had in my possession a valid FPID card, would the LEO run every serial number of every gun to determine ownership? Most likely not!!! How long would such a search take???

 

Taking your wife's gun to the range is a risk, just as is crossing the street! You could get hit buy a bus!! Just use common sense staying just short of paranoia!

 

Those of you who wish to attack me, do so only if you have not sinned in the past! I find common sense to be my best guide! A sweet spot between, not perfect and not paranoid either!

Share this post


Link to post
Share on other sites

Right, wrong or indifferent, many states have similar laws in terms of ownership. Certain financial dealings operate similar way. Spouse may have a claim in divorce proceedings, but cannot operate an account that solely belongs to other spouse.

 

As many pointed out, claim to value in certain proceedings is different from claim to operate day-to-day.

Share this post


Link to post
Share on other sites

The problem that I see here is the gun cost $50k but you can only find a buyer to give $5K What is the other party entitled to? $25K or $2.5K?

Neither. After legal expenses, both are going to find themselves in financial red :-). It's no different than that car. If that 200K car is now worth 5k, then that's what they get, minus legal expenses.

Share this post


Link to post
Share on other sites

I'm sure they would even it out some how. If u invested all your money in guns they would make you sell them, or half the worth to give to ur ex.

nah they would just be forced to sell it...

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...