Retrieving Property

[Ballox]

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

May I sue my ex girlfriend in order to retrieve a firearm that I bought and left at her home for self defense for when I wasn't there? The firearm was bought by me and the paperwork is in my name. She may claim that it was a gift from me, as when we broke once before I told her to give me the shotgun back and she said I couldn't have it because it was a gift. The shotgun was given to her under the premises that she could keep it as long as we were together.

 

[drruthless]

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

May I sue my ex girlfriend in order to retrieve a firearm that I bought and left at her home for self defense for when I wasn't there? The firearm was bought by me and the paperwork is in my name. She may claim that it was a gift from me, as when we broke once before I told her to give me the shotgun back and she said I couldn't have it because it was a gift. The shotgun was given to her under the premises that she could keep it as long as we were together.

You can sue anyone for anything. That said, remember WHO'S got the gun.
Are you sure you want to go down that ally?
..______________________
~ I deplore stupidity.
I’m happy to admit to mine,
and even happier when I can point out yours

 

[latigo]

You certainly have the prerogative of suing for replevin of the shotgun or in the alternative for its value. But if she contests and you can't establish that the gun was in fact loaned and not the subject of a gift, you will surely fail. Why do I say that?

Because you admit to the presence of the two elements necessary to effectively pass title/ownership from you to her. Which are the concurrence of the intention to make the gift and delivery of the subject of the gift.

If you think you could convince the judge that having conceded that that the gun was purchased and presented to her for her personal protection, but only on some unstated temporary "premise". Like you would have done so on the express condition that it was to revert back to you if the relationship soured with the implication that her need for personal would thus abate, then have a go at it.

But I think the judge will see it as I do. An after thought. And rule that the gun is her property.