Respondent's Motion For Modification to have firearm returned.

[ImReady2GO]

What is the name of your state (only U.S. law)?

 

[Zigner]

Don't use the "preview" button - it's broken.

 

[ImReady2GO]

Respondent's Motion For Modification to return firearm.

Thank you, retyping.
I was assualted and injured by my live in ex bf. I filed police report(no arrest, due to comflicyinh statements) and injunction. Judge gave me 6 month injunction and ordered respondent to not posess firearm. On the day of the court ordered appointment to retrieve his belongings from my home, he demanded his 9mm back. I refused, stating judge's orders. He has now filed a MFM, claiming that he never purchased the weapon, and that it belongs to a 3rd party. He states that "his friend wants his gun back, and has ownership papers". The only thing I have to contest this is a text message from him saying "I talked (3rd party) into selling me his 9mm". Respondent has a lengthy criminal including two arrests and convictions of violating a previous injunction against him. I need advice on how to proceed. Thank you.

 

[ImReady2GO]

He lived with 3rd party for a year prior to moving into my home, and again resides with 3rd party since the assault. The weapon has been in my home since 06/13/15. The elderly gentleman has no way of knowing what actually transpired and will return gun to respondent, since he did sell it to him.

 

[Zigner]

Why don't you give the old man (not your ex) his gun? After that, it's out of your hands.

ETA: What US state are you in?

 

[RRevak]

Why don't you give the old man (not your ex) his gun? After that, it's out of your hands.

ETA: What US state are you in?

Or give it to the local police department and let the ex sort it out with them.

 

[Zigner]

Or give it to the local police department and let the ex sort it out with them.

Why would the police get involved in this civil matter?


(déjà vu)

 

[RRevak]

Why would the police get involved in this civil matter?


(déjà vu)

Op has an unwanted gun. Where else does one bring unwanted firearms without clear ownership?

Deja' vu?

Edit: just caught the part where there is an "owner". And it's the ex. I have a cold and my brain hurts. Well, my whole face actually. I should probably not be advising my dog right now let alone Op. I'll go back to my tea now ;-)

 

[ImReady2GO]

I'm 5th circuit FL.
My hesitation is because the gentleman will return the weapon to respondent, who has previously threatened to point the gun at my head. He's an alcoholic with a crack problem and when he's in that state, he's very scary and I fear for him to possess it again. I am also concerned that if I surrender the weapon to the sheriff dept, that the judge may hold me in contempt if he compels me to return it to the 3rd party and I no longer have it.

 

[OHRoadwarrior]

So now we are at the crux of the issue. You stole his gun and disposed of it and are trying to find a way out of your crime.

 

[tranquility]

I'm 5th circuit FL.
My hesitation is because the gentleman will return the weapon to respondent, who has previously threatened to point the gun at my head. He's an alcoholic with a crack problem and when he's in that state, he's very scary and I fear for him to possess it again. I am also concerned that if I surrender the weapon to the sheriff dept, that the judge may hold me in contempt if he compels me to return it to the 3rd party and I no longer have it.

It is not your firearm and it is not your job to enforce the court's order. You put yourself in a pickle by not returning the weapon to the 3rd party or the police before getting sued. At this point, I don't see how you can do much more than follow the order of the court. You may have to pay damages or, perhaps, attorney fees depending on what the court holds. You might consider an attorney.

 

[OHRoadwarrior]

Not even close.

Stop drinking vodka for breakfast.

I'm 5th circuit FL.
My hesitation is because the gentleman will return the weapon to respondent, who has previously threatened to point the gun at my head. He's an alcoholic with a crack problem and when he's in that state, he's very scary and I fear for him to possess it again. I am also concerned that if I surrender the weapon to the sheriff dept, that the judge may hold me in contempt if he compels me to return it to the 3rd party and I no longer have it

BTW, you have been reported.

 

[Silverplum]

I'm 5th circuit FL.
My hesitation is because the gentleman will return the weapon to respondent, who has previously threatened to point the gun at my head. He's an alcoholic with a crack problem and when he's in that state, he's very scary and I fear for him to possess it again. I am also concerned that if I surrender the weapon to the sheriff dept, that the judge may hold me in contempt if he compels me to return it to the 3rd party and I no longer have it

BTW, you have been reported.

Try reading. She's discussing possibilities, not confessing. IF she does X, then Y may happen.

 

[Zigner]

Deja' vu?

Not too long ago we had a similar thread relating to handing over a firearm to the police...thus the deja vu

 

[OHRoadwarrior]

Try reading. She's discussing possibilities, not confessing.

So you are encouraging her to steal his property? Who gave you the Magic 8 ball?