Gun ownership rights in Texas

[Tmasera87]

What is the name of your state? Texas

My ex girlfriend bought me a pistol about 5 years ago as a birthday gift and we’ve been broken up for about 3 years and she suddenly showed up wanting it back. Am I legally obligated to give it back if it’s registered in her name since she bought it?

 

[Just Blue]

What is the name of your state? Texas

My ex girlfriend bought me a pistol about 5 years ago as a birthday gift and we’ve been broken up for about 3 years and she suddenly showed up wanting it back. Am I legally obligated to give it back if it’s registered in her name since she bought it?

Yes. The gun is registered in her name and she is the owner of record.

 

[Zigner]

Legally - you'd have to prove that it was a gift, as opposed to something you are simply holding on to when it's not yours. Since you didn't properly transfer ownership of the gun, the latter seems to be a more likely scenario.

Now, as a comment on reality: Just give it back...why do you want her in your life?

 

[HighwayMan]

Since it seems highly unlikely that she will transfer it to you it would seem as though you don't have a leg to stand on.

Give it to her and don't look back.

 

[Just Blue]

Since it seems highly unlikely that she will transfer it to you it would seem as though you don't have a leg to stand on.

Give it to her and don't look back.

As an aside...I am kinda surprised that Tx requires gun registration. Nicely surprised.

 

[HighwayMan]

As an aside...I am kinda surprised that Tx requires gun registration. Nicely surprised.

I just looked it up and apparently that's not right. A permit is required to carry but not to purchase or own and there is no handgun registration:

https://www.nraila.org/gun-laws/state-gun-laws/texas/

 

[Just Blue]

I just looked it up and apparently that's not right. A permit is required to carry but not to purchase or own and there is no handgun registration:

https://www.nraila.org/gun-laws/state-gun-laws/texas/

Now that IS NOT a surprise!!

 

[HighwayMan]

That calls into question the OP's statement that the gun is registered to the ex. There is no registration for either long guns or handguns.

 

[PayrollHRGuy]

Most states including Texas do not have firearms registration.

Federal law prohibits a universal, national gun registry. Eight states prohibit state-level gun registries. Only Hawaii requires registration of all firearms, while only a few states require registration of certain firearms. Only three states (Ill., Mass., and N.J.) require a license for all guns. New York requires a license for handguns. Source NRA

 

[PayrollHRGuy]

That calls into question the OP's statement that the gun is registered to the ex. There is no registration for either long guns or handguns.

Many people think that the act of completing the ATF&E form 4473 when purchasing firearm is some sort of registration.

 

[Just Blue]

Most states including Texas do not have firearms registration.

Federal law prohibits a universal, national gun registry. Eight states prohibit state-level gun registries. Only Hawaii requires registration of all firearms, while only a few states require registration of certain firearms. Only three states (Ill., Mass., and N.J.) require a license for all guns. New York requires a license for handguns. Source NRA

Have I told you all how much I'm gonna miss Mass when I move? Vegas will be like living on another planet!!

 

[Tmasera87]

Many people think that the act of completing the ATF&E form 4473 when purchasing firearm is some sort of registration.

Yes she just bought it and filled out the forms at the store I didn’t know there was a difference

 

[Zigner]

Either way - just give it back. Unless you secretly want her in your life.

 

[PayrollHRGuy]

Legally - you'd have to prove that it was a gift, as opposed to something you are simply holding on to when it's not yours. Since you didn't properly transfer ownership of the gun, the latter seems to be a more likely scenario.

Now, as a comment on reality: Just give it back...why do you want her in your life?

This isn't a car. It is no different than any other piece of property. If he had bought her a necklace 5 years ago and then showed up and said he wanted it back you wouldn't be saying that.

If she wants to sue for the gun she can and the burden of proof that it wasn't a gift will be on her.

 

[Zigner]

This isn't a car. It is no different than any other piece of property. If he had bought her a necklace 5 years ago and then showed up and said he wanted it back you wouldn't be saying that.

If she wants to sue for the gun she can and the burden of proof that it wasn't a gift will be on her.

Actually I WOULD be saying that, probably even more so. It's a few hundred dollars. That's MUCH better than keeping an ex around. There's a reason they're an ex...