Respondent's Motion For Modification to have firearm returned.

[ImReady2GO]

He tried to throw me down, crushed my arm against the doorjamb I was clinging to, threw me backwards into the doorframe, then successfully shoved me down and repeatedly pounded my head against the floor, then pinned me against the exit door and clamped his hand over my mouth to stifle my cries to my neighbors. How is me being fearful of him getting this gun wrong? That's why I posted the question, to get advice on what to do, not condemnation for not knowing the best strategy in this situation.

 

[Zigner]

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

Whatchya talkin' about?

 

[Silverplum]

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

Please read.

 

[ImReady2GO]

IF he compels me to return it AND I no longer have it.

 

[OHRoadwarrior]

IF he compels me to return it AND I no longer have it.

If you no longer have it, you are guilty of a crime. What the crime is depends on how you disposed of his property. In addition, the transfer of possession of a firearm usually requires official notice to local law enforcement. Failure to do that is a second crime.

 

[CdwJava]

In every state I am aware of, a restraining order compels the restrained party to surrender his or her firearms to the court or to law enforcement. In this instance, if the order is still en effect and the firearm does not belong to the OP, she should contact the local law enforcement agency, tell them she has a firearm that does not belong to her and wants to turn it in, and then do so. THEY can determine who it belongs to and how to dispose of it. No court is likely to hold her accountable for not turning over an item that she has properly released to local law enforcement.

 

[Zigner]

In every state I am aware of, a restraining order compels the restrained party to surrender his or her firearms to the court or to law enforcement. In this instance, if the order is still en effect and the firearm does not belong to the OP, she should contact the local law enforcement agency, tell them she has a firearm that does not belong to her and wants to turn it in, and then do so. THEY can determine who it belongs to and how to dispose of it. No court is likely to hold her accountable for not turning over an item that she has properly released to local law enforcement.

The problem is that it's not the restrained party that she's withholding the weapon from (and, that's assuming that the owner of the gun has actually even asked for its return.) In fact, it seems to me that the motion that the ex has made is improper in the first place since it's not his gun.

 

[ImReady2GO]

Thank you, that is exactly my point. The 3rd party is not aware that the respondent has filed a motion on his behalf, or that the respondent cannot legally possess the weapon at this time. I also fully disclosed, in my original injunction filing, that I had removed the respondent's weapon from the premises when I fled my home in the interim of him being served the injunction to leave my home. The only mention of the weapon in the final injunction is that the respondent is to not possess any firearms. I was not given any instructions on what to do with the firearm.

 

[Zigner]

Thank you, that is exactly my point. The 3rd party is not aware that the respondent has filed a motion on his behalf, or that the respondent cannot legally possess the weapon at this time. I also fully disclosed, in my original injunction filing, that I had removed the respondent's weapon from the premises when I fled my home in the interim of him being served the injunction to leave my home. The only mention of the weapon in the final injunction is that the respondent is to not possess any firearms. I was not given any instructions on what to do with the firearm.

Return it to the owner, or the police, if you'd like. We can't predict if the police will get involved in this, but they might

 

[CdwJava]

The problem is that it's not the restrained party that she's withholding the weapon from (and, that's assuming that the owner of the gun has actually even asked for its return.) In fact, it seems to me that the motion that the ex has made is improper in the first place since it's not his gun.

Which is why I don't think she has anything to be concerned with.

 

[ImReady2GO]

The 3rd party is the legal owner, because he didn't transfer ownership when he sold it to the respondent. This motion is merely a ruse for the respondent to again regain possession of this weapon. The gentleman will return it to respondent, because he knows he sold it to him and he knows nothing of the crime that the respondent committed against me.

 

[Zigner]

The 3rd party is the legal owner, because he didn't transfer ownership when he sold it to the respondent. This motion is merely a ruse for the respondent to again regain possession of this weapon. The gentleman will return it to respondent, because he knows he sold it to him and he knows nothing of the crime that the respondent committed against me.

Then tell him...and tell him about he restraining order.

Or, offer to buy the gun from him and give him more money than your ex gave him.

 

[ImReady2GO]

That's a good idea. Then the motion is a moot point.

 

[tranquility]

He tried to throw me down, crushed my arm against the doorjamb I was clinging to, threw me backwards into the doorframe, then successfully shoved me down and repeatedly pounded my head against the floor, then pinned me against the exit door and clamped his hand over my mouth to stifle my cries to my neighbors. How is me being fearful of him getting this gun wrong? That's why I posted the question, to get advice on what to do, not condemnation for not knowing the best strategy in this situation.

Maybe he has more weapons at his home now. Perhaps you should go burglarize the home to steal them because you are afraid.

You see, that is the problem. You don't get the choice as to if you will return another person's property or not. In FL, it may actually be considered the crime of theft. If you did fear, you should have turned it over to the police with a copy of the order. Better would have been to turn it over to the owner. It's not that we don't understand the fear or think it illegitimate, it is just you did not behave reasonably in regards to the fear. The best strategy at this point would be to get an attorney who will help make sure the firearm gets dealt with properly and who will reduce the chance you will have to pay for the other side's attorney or any sanctions and prevent you from saying things that might lead to criminal charges against you.

 

[tranquility]

The problem is that it's not the restrained party that she's withholding the weapon from (and, that's assuming that the owner of the gun has actually even asked for its return.) In fact, it seems to me that the motion that the ex has made is improper in the first place since it's not his gun.

He had possession of the firearm and would likely have standing to sue to get it returned to the owner. Realistically, if the owner asked it back from the ex and did not receive it, the ex could be sued for breach of the bailment. (Assuming the story is true.)