Theoretical question regarding divorce and firearms

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  • fred2207

    Banned
    BANNED!!!
    Mar 14, 2013
    3,179
    PG
    I am always somewhat fascinated by thread titles containing the words, “Theoretical Question . . . !


    Or, asking for a friend or friend of a friend and my neighbor asked me..:D
     
    Last edited:

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,530
    Columbia
    Hi All,

    Theoretical question here. Lets say you acquired several firearms while married, and are now getting divorced. Your wife asks you for one, but it's a 80%. I'm thinking the right thing to do in that situation would be to have it serialized and transferred via MSP. Theoretically you "could" just give it to the other party, but would that leave you with some responsibility for what they do with it?

    Thank you!


    If you’re not divorced yet, just give it to her (assuming she’s not prohibited).


    Sent from my iPhone using Tapatalk
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    If you’re not divorced yet, just give it to her (assuming she’s not prohibited).


    Sent from my iPhone using Tapatalk

    The OP never said whether the 80% had been completed into a firearm. Assuming that it was:

    You can do that with a long gun, but wouldn't a handgun (or a lower that could become a handgun) require a 77R transfer, even to a relative? And if it's not a C&R handgun, wouldn't she need to have a HQL?

    And if it still isn't legally a firearm yet, then as long as you have no reason to believe she'd do anything illegal with it, I don't see a problem with giving the paperweight to her.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    The OP never said whether the 80% had been completed into a firearm. Assuming that it was:

    You can do that with a long gun, but wouldn't a handgun (or a lower that could become a handgun) require a 77R transfer, even to a relative? And if it's not a C&R handgun, wouldn't she need to have a HQL?

    And if it still isn't legally a firearm yet, then as long as you have no reason to believe she'd do anything illegal with it, I don't see a problem with giving the paperweight to her.

    If a regulated firearm, and the divorce stipulated that all assets were being divided up and how and it meant one or more regulated firearms should go to the Ex, if they were not bought in her name…

    Then yes, they should be transferred to her via a 77r and MSP barracks. Or an FFL and 77r. She will need an HQL. If she doesn’t and insists, tell her to get one first. If she wants it done ASAP, work out an FFL who will hold on to it/then for her until she gets an HQL and will complete the transfer. Or give her the cash for it if it is just about getting the value.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    The divorce decree can easily be written to stipulate that the 85% lower gets transferred to her after she obtains an HQL. That makes it clear that no HQL no transfer. If I were writing it, i'd alos have a time limit ( ie firearm will be transferred to spouse provided she obtains an HQL within 18 months of divorce).
     

    Crazytrain

    Certified Grump
    MDS Supporter
    Jul 8, 2007
    1,641
    Sparks, MD
    This is an interesting question as there are two directions the law can pull, I think.

    It's my understanding that everything purchased while married is automatically Marital Property. That, to me, means she has as much legal right to the guns as you do. At least by divorce law.

    However...guns...MSP...MD...yeah, they may not like you just handing over a regulated firearm. And completed 80% adds a whole new level.

    I'm not a lawyer, and my head hurts trying to remember all the rules. It sounds like a legal nightmare if she actually wants the guns.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    Does she want the guns or just the money? Perhaps offer to purchase her "share" at current market price, established, say, by the average of 3 most recent completed sales on gun broker.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Need more info.

    Is the 80% completed? Not completed, it is hunk of metal, give it to her.

    Is it a handgun or AR or...? If completed and as a bare receiver, it needs to be transfered. While you are still married there is no fee, you do it at an MSP barracks.

    Has it be fully completed into a firearm? If a rifle, then while still married, give it to her. If a handgun, see above for bare receiver.
     

    Rockzilla

    Ultimate Member
    Feb 6, 2010
    4,516
    55.751244 / 37.618423
    been through a nasty one long ago..no kids involved.
    had a great lawyer (not cheap)

    Pre- marriage it's either his, hers, not community property
    Marriage -- what's obtained during marriage becomes community property
    it's kinda hard to prove who bought what, different accounts, who makes
    money, or works or doesn't, bunch of different crap

    if you must give her one all laws will have to be followed / met, so with a 80%
    completed would think require all paperwork / procedures and after 2013 would
    it be legal? Don't know..talk to dealer.

    My ex made a big mistake moved to Florida and filed there, so all it cost me
    was $300 and letter to court house down there, her parents had tons of money
    wanted it to work out so bought a house for us Hollywood Florida, pool, horse
    barn, job for me...but no way was I gonna move, no matter how much money,
    but she was CRAZY....

    -Rock
     

    INMY01TA

    Ultimate Member
    Dec 29, 2008
    5,816
    I was under the impression an 80% had to be completed yourself and cannot be given away.. Maybe to a spouse is different?
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I was under the impression an 80% had to be completed yourself and cannot be given away.. Maybe to a spouse is different?

    Nope, you can even sell them.

    Just don't do it too often, so that you might be deemed doing it as a business without a Manufacturer FFL.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,877
    You can not build a homemade firearm , with intent to sell . The occasional incidental sale is not prohibited .

    But IF such homemade firearm(s) are Handguns ( and not homemade before Jan 1 , 1985) , then the Handgun Roster comes into play .
     

    cantstop

    Pentultimate Member
    MDS Supporter
    Aug 10, 2012
    8,158
    MD
    Hi All,

    Theoretical question here. Lets say you acquired several firearms while married, and are now getting divorced. Your wife asks you for one, but it's a 80%...

    Give her one that is not an 80% build. Xfer through MSP and you're done. She can deal with the HQL if required.

    If the 80% handgun is a build she did there is no problem. I would have both of you sign papers for all of your 80% builds stating who did the builds. Just in case she later decides to claim that she (theoretically) did all of the builds and never transferred them to you.

    FWIW, IANAL.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,877
    If she hates enough to divorce you , and wants your Stuff that you value but she doesn't , she'll hate you enough to say that you handed her a non- Roster Handgun you built .
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    I was under the impression an 80% had to be completed yourself and cannot be given away.. Maybe to a spouse is different?

    80% have to be completed by you for you to use.

    If the 80% isn't started then it is just parts and no issue.

    If it's complete, then it transfers just line any other firearm like it, no need for a serial number and perfectly legal to transfer.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    You can not build a homemade firearm , with intent to sell . The occasional incidental sale is not prohibited .

    But IF such homemade firearm(s) are Handguns ( and not homemade before Jan 1 , 1985) , then the Handgun Roster comes into play .

    No, it doesn't, perfectly legal to transfer a handgun in Maryland that was built from a kit after Jan 1, 1985. No serial number required and not required to be on the roster.
     

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