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In the state of Missouri: Prior to ever getting married, I

In the state of Missouri: Prior...
In the state of Missouri:
Prior to ever getting married, I purchased with my own funds, a firearm legally with all necessary permits and background checks. Two years later I got married. During the marriage, my wife took the gun to her mother's without my knowledge or permission, and refused to return it. AFTER that, they then filed an ex-parte order which I violated, so I wasn't allowed to have possession of a firearm, so the divorce judge wouldn't even consider discussing possession of it.

Now I have been done with that probation for 10 years, and am allowed to have a gun again, they still refuse to hand it over. Is there anything that can be done either civilly or criminally? As far as I can see, it was not community property, so my wife was not allowed to give it to her mother, and should be considered stolen property which should be given back to me. Incidentally, the mother may have been commited to a psyc ward previously when she attempted suicide approx 20 years ago, and in the past several years she has had several strokes, so she had to take early retirement, and doesn't drive. What exactly are the requirements for NOT being ALLOWED to possess a gun? Also since there were no checks or permits or transfer paperwork, it seems that it would currently still be illegal for them to have the firearm in their possession. Also, it seems that I would be responsible if the gun were used in a crime. How do I get that officially changed if I can't regain possession of the gun?
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Answered in 3 hours by:
12/2/2012
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38,657
Experience: 17 years practicing criminal defense.
Verified
Hello,
.
Thank you for using JA. I hate to say it, but in Missouri the statute of limitations for making a claim for personal property wrongly withheld is only 5 years. So that would have long since expired and you would be time barred from suing to reclaim it now.
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2009 Missouri Revised Statutes
Title XXXV CIVIL PROCEDURE AND LIMITATIONS
Chapter 516 Statutes of Limitation
516.120. What actions within five years.
.

516.120. Within five years:

(1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited;

(2) An action upon a liability created by a statute other than a penalty or forfeiture;

(3) An action for trespass on real estate;

(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;

(5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.

.
.
What exactly are the requirements for NOT being ALLOWED to possess a gun?
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A person is prohibited from possessing a firearm if they are a convicted felon, fugitive, a habitually intoxicated or drugged person, or a person currently adjudged mentally incompetent.
.
Also since there were no checks or permits or transfer paperwork, it seems that it would currently still be illegal for them to have the firearm in their possession. Also, it seems that I would be responsible if the gun were used in a crime. How do I get that officially changed if I can't regain possession of the gun?
.
As long as a gun was legally purchased, there is no restriction on someone possessing a gun unless they are legally prohibited by one of the restrictions above. A gun only has to be registered once when it is purchased from a dealer. For example, guns that are sold privately do not have to then be registered in the new owner's name. Even if a crime was committed with the gun, and they recovered it without catching the person, you have rock solid proof that you were not in possession of it.
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So as an avid gun owner myself, I am sorry to say that there is no legal recourse for you at this point.

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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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Customer reply replied 4 years ago

Why isn't it considered theft and stolen property? It wasn't hers to give away. Even if a statute of limitations is passed for prosecuting them, I should still be able to retrieve stolen goods. I suspect that if I had taken my wife's Sweet Sixteen jewelry and given it to a girlfriend, that I would have been prosecuted for theft.

Well, that point could be argued if there was an intent to deprive you of your property. And there is nothing that says that you couldn't retrieve the gun personally, just that the law wouldn't help you to do so if they refused to return it.
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And if you had taken her jewelry and she waited 10 years to pursue it, she would also be prohibited from taking any legal action...
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It doesn't seem fair, but it is what the law says.

.

.

Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38,657
Experience: 17 years practicing criminal defense.
Verified
Barrister and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 4 years ago
No need for swiss safe deposit box for my stolen nazi artwork any longer. I can display it with pride here in my home in missouri!
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Barrister
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38,657
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