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  #1  
Old Mar 14, 2013, 09:26 PM
ShaggyChic_1201's Avatar
ShaggyChic_1201 ShaggyChic_1201 is offline
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I have contacted my lawyer to file the paperwork to divorce my H. He is emotionally and sexually abusive to me and I've been working 2 years to get to this step. (Yay for therapy!)

So projecting now: H is served with papers while away from home. I have locks changed. Now MY house is the one with all the weapons. Rifles, handguns, shotguns, assault rifles, swords, spears, tasers - you name it short of a rocket launcher or cannon and he probably has it. He's a 2nd Amendment, doomsday nut and his guns might mean more to him than even I do. I have no idea if they're licensed, legal to own - I've been living under a rock and just realized there's a world beyond my rock.

I certainly don't want the weapons. And I don't want to be there when he comes to get them. To tell the truth, I don't want him to have them while we're living anywhere near each other.

The only thing I can think of is to have the local police department or sherrif come to the house while H is getting his stuff. They could make sure the guns were unloaded while he was here, for example. If it turns out that some of the guns are not legal and they're confiscated, this will cause H to lose his mind. He might literally assault someone. But even if he didn't, he'd be out for my blood for taking away his precious guns.

Surely someone has faced this issue and can offer advice.

Bub
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  #2  
Old Mar 14, 2013, 09:52 PM
Anonymous32785
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Just be out of the house. Don't worry about the legalities of the firearms. Law enforcement personnel are so heavily taxed that they don't have time to do what you described. You can always call and ask, however, if an emergency pops up, those cops are out of there to attend to something more important.

Get a friend to help/observe him taking out his firearms. But it is more to make sure he doesn't walk out with more than the firearms he is coming for.

Now, most importantly CALL YOUR ATTORNEY. That is what they are getting paid for. Ask your attorney what you should do in this case.

And I found that like most things in life, it never goes exactly as you think it will. It may be fine.
Thanks for this!
ShaggyChic_1201
  #3  
Old Mar 15, 2013, 01:08 AM
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Leed Leed is offline
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Oh believe me, when it comes to firearms, the police WILL come to the house. They will be MORE than happy to confiscate any firearms that are NOt licensed and are illegal -- and probably lock him up in the process. LOL

But I'm wondering, are you AFRAID of your husband? If so, why give him the firrearms in the first place? I realize that they are HIS -- but I wouldn't want him to have them if he's got a temper, and from the sounds of it, he DOES!!! Since he has abused you already, what makes you think you'd be safe with hm if he's got firearms readily at hand now that you've served him divorce papers?

Maybe when you let him get his guns you should also at the same time, have a restraining order served on him. This would at least keep him away from you for awhile, at let him calm down while the divorce is being finalized. Just a thought, but *I* would surely do it!!!

I wish you the very best. Keep us posted, will you? God bless and please be careful! Hugs, Lee
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Thanks for this!
ShaggyChic_1201
  #4  
Old Mar 15, 2013, 01:49 AM
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In my state if you have a domestic violence order against you, you cannot own guns.
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The purpose of life is not to be happy. It is to be useful, to be honorable, to be compassionate, to have it make some difference that you have lived and lived well. anonymous
  #5  
Old Mar 15, 2013, 09:45 AM
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Harley47 Harley47 is offline
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Location: North Carolina, USA
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Hi Bub. Sorry I'm late...I promised I'd come check this out, and when I said I would, I intended to do it sooner. However, life sort of got in the way there...I apologize.

Anyway, I am very glad you are taking this step, and I will offer whatever help I can. I can't offer much to the state by state legalities...your state will, potentially, view this far differently than NC would. If you're comfortable doing so, I can research a little for you if you'd mention what state you belong to. I recently did a term paper on gun laws, so I still have most of my old resources on hand. I did, however, help a friend's mother in her divorce, in that I helped her identify what she was dealing with and roughly how much it was worth. I'm also a bit of a firearms enthusiast. If I can answer any questions for you that aren't covered in my post, please feel free to PM me. I'll be focusing on what you need to do for your safety.

On to the topic at hand...that is...well, quite a collection, to be modest. I was anticipating perhaps a few guns, but doomsday prepper? I'm familiar with the type...the unnerve me, in honesty. I fell in with a few on an online forum when I got one of my rifles (I was trying to use the site as a resource for maintenance). They're scary people.

I don't think necessarily it's a good thing he have all these things at this point in time...I'm in agreement with LeeD there. I know you're not particularly interested in them, but based on everything you've posted on your soon-to-be-ex, he is not the type I would really trust with a firearm.

I am not sure if the police would supervise him getting his things (I would think so, but I am not entirely sure...I'll ask my mother. She'd know), but I CAN tell you beyond a shadow of a doubt that if has anything illegal, they'll be there before you can hang up the phone. Illegal possession of a firearm is a quick ticket to prison, particularly with the current political climate. If they find something outside the state or federal laws, it will be confiscated, and he will be arrested. Simple as that. I wish I knew what he had...I'm well versed on federal legalities regarding firearms. I can tell you off the bat that if he has anything that is fully automatic (legally defined as anything firing more than one bullet with a pull of the trigger. This includes, under that definition, burst fire weapons) and he doesn't have the correct license for it, that's basically it for him.

For now, ask your local police department what they can and can't do about the situation. If they can't watch over the process, have a friend be there, if you can. The point is you don't want to be alone with him while he does this...that's a volatile situation.

If I can do anything else to assist you, please don't hesitate to PM me. Know that I wish you all of my best, that I am praying for you, and that you are making a very brave, very wise decision.

Hugs,
Harley
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The world suffers alot. Not because of the violence of bad people, but because of the silence of good people.- Napoleon Bonaparte

Last edited by Harley47; Mar 15, 2013 at 11:27 AM.
  #6  
Old Mar 15, 2013, 10:59 AM
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LovelaceF LovelaceF is offline
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bubsmiley, I don't want to be overly alarmist, but have you considered that you might be in a very dangerous situation here? This man abused you and disrespected you severely, for years. He won't be any more considerate of your feelings when he finds out that you want a divorce.

What will you do if he refuses to leave? The guns are very concerning because leaving an abuser can often set him off worse than he ever was before. Would he try to kill you or prevent you from leaving? Stay safe! You're doing the right thing. Hang in there!
  #7  
Old Mar 15, 2013, 12:38 PM
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ShaggyChic_1201 ShaggyChic_1201 is offline
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Lovelace, you're not being alarmist. Or at least, not any more than I am.

I have said nothing so far to him and don't plan to until it's closer to the serving time. (however, I have not actually spoken with lawyer yet - that will happen next week, so my plans might change).

I live in a very small town (Harley, in Missouri) and it's definitely the good ole boys network around here. I know he knows the cops and sheriffs, but I don't think that would stop them from enforcing the law - especially given today's climate.

If I have to leave town, I will. I have friends he doesn't know and could easily stay with them. The place I work has armed guards, so that helps too.

I have no intention of getting shot and will do everything in my power to stay safe. Thanks again for the helpful tips. I'll report back when I talk to lawyer.

Guess H should Beware the Ides of March indeed
  #8  
Old Mar 15, 2013, 01:09 PM
Anonymous32785
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Quote:
Originally Posted by Leed View Post
Oh believe me, when it comes to firearms, the police WILL come to the house. They will be MORE than happy to confiscate any firearms that are NOt licensed and are illegal -- and probably lock him up in the process. LOL

I disagree. I was married to a cop. The resources in our community are spread so thin, they don't have time to go after every single incidence like that. Criminals are booked and streeted, because there are so few beds in the jail.

It may work in your community, but we just do not have the resources in ours, due to budget cuts all over the place and not enough personnel.
  #9  
Old Mar 15, 2013, 01:11 PM
Anonymous32785
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Oh and one more time. call your lawyer. They are very up to date on this kind of stuff. Unless you have an attorney that isn't very good.

Please, go that route first.
  #10  
Old Mar 15, 2013, 01:13 PM
Anonymous32785
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Quote:
Originally Posted by Yoda View Post
In my state if you have a domestic violence order against you, you cannot own guns.
Criminals don't follow gun laws. They could care less. It's the rest of us that care and are concerned, that follow the laws.
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