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What charges can be expected?

4K views 32 replies 13 participants last post by  HJB 
#1 ·
Question for lawyers.
Back story: Daughter and SIL separated for a while. While she was alone, I loaned her a pistol. They later got back together, but being the guy he is, my daughter decided to file for divorce. When she told him, he became rather angry, so she left the house for the weekend. When my daughter came home, SIL was not there, neither were her clothes, jewelry, some money my granddaughter had saved, or the pistol I loaned her. What kind of charges can we hope for?
Additionally, she already filed a police report. Do I need to file one for the pistol? If so, my jurisdiction or hers?
 
#3 ·
He is asking for opinions from attorneys who frequent this site. Maybe he wants to know if a call to an attorney would be warranted. Maybe he has a myriad other reasons for asking that question.

You might want to mind your own business from your own state, and quit seeking attention here. Or maybe you can't because all of the Texas and national gun forums banned you. In case you can't tell, your presence is not wanted here.
 
#4 ·
You don't *need* to report it (Georgia has no such requirement, and I'm assuming you're not an FFL holder and the gun was from inventory), but as you're the one with the serial number and other info needed, it would be best to? Just in the spirit of CYA.

If the thief is a prohibited person, that might add a wrinkle, depending on specifics.


DH
 
#6 ·
I guess a better question is, since the pistol was loaned to my daughter is it also considered loaned to SIL? Or is his taking it considered theft?
She has reported serial number to local PD.
Hopefully an attorney or two will chime in soon. I think I see why you are asking this question, as I would also be asking. Being that they were married before she got the gun from you, I think it would be legally considered to also be his (loaned) property. But because he took it during a situation like this, I think the ownership concept gets tricky. I hope jrm, MP or GS (have I forgotten any here?) chimes in and helps you.

I also think it is good that you reported the gun. There is now a paper trail, and in case it gets used illegally somewhere else, a CYA has been done.
 
#7 ·
I have a similar situation in my family with a loaned handgun. Waiting for atty's reply:popcorn:
 
#14 ·
In Georgia, a spouse cannot commit a crime of stealing the property that belongs to the other spouse, or to them jointly.

But that sticky-fingered estranged spouse might commit a "tort" for which they can be sued civilly if they have wrongly taken the property or, having lawfully been temporarily entrusted with that thing, wrongly refuses to return it to its rightful owner upon demand.

See this case:

https://caselaw.findlaw.com/ga-court-of-appeals/1415257.html

P.S. To have the best chances of pursuing this as a legal case whether as a theft or a conversion of property you need to contact the son-in-law and make a clear demand to return the gun to you. Your daughter should do the same thing in Crystal clear language so that there's no way he can say he misunderstood it to mean that he could keep the gun, or just hold onto it a while longer.
 
#21 ·
In Georgia, a spouse cannot commit a crime of stealing the property that belongs to the other spouse, or to them jointly.
This strikes me as the right answer to the wrong question.

If you go out to the Dog N Suds and valet your car, and while you're enjoying your dog and your suds, some third party steals your car, do you worry about whether the thief stole your car from the DNS? No! You worry that the thief stole your car from you! So who cares if the SIL cannot legally steal from the daughter as a matter of criminal law? He stole your gun from you, period. Report it stolen and report who you think the thief is.

I'm not sure I see an added benefit of suing. It will cost a lot more than the value of the gun, which is what your damages are, and if you know the SN on property that was stolen and who stole it, the police should not have much trouble finding it. But if you do sue, in GA you have to sue the defendant in the county where he resides.
 
#16 ·
...Back story: Daughter and SIL separated for a while. While she was alone, I loaned her a pistol. They later got back together, but being the guy he is, my daughter decided to file for divorce.
My GUESS (just a guess- no legal opinion here backed with research) is that your choice of letting "her" keep the gun after the husband moved back in and they reconciled and attempted to continue their marriage ...

...means that effectively you have lent the gun to both of them.

If that wasn't your intention, then you should've asked for it back once the daughter allowed him to come back and live with her as husband and wife again.

So, my focus would be on the conversion of loaned property-- which means keeping something longer than you're supposed to and treating it as your property rather than another person's property you borrowed with limitations on what you can do with it. "Conversion" can be a civil tort even if a different law says you can't make a criminal charge out of it under these circumstances.

Make the demand for the gun's return.
Tell both of them that the loan is over and you demand your property back. If they don't produce the pistol for you, sue the one who appears to be negligent and/or has intentionally converted it to their own property.
 
#18 ·
GS, Would you sue in the county where the transaction (loan) took place or where the person who received the gun lives?
 
#29 ·
In GA, a civil case must be filed in the county of residence of the respondent. It does not matter where the precipitating incident took place.

Under 16-8-1 O.C.G.A.:

(3) "Property of another" includes property in which any person other than the accused has an interest but does not include property belonging to the spouse of an accused or to them jointly.
The key element is going to be proving that the SIL knew that the firearm belonged to the FIL and not the wife. Without said proof, there is no basis for a criminal charge.
 
#31 ·
Guess what miraculously showed back up. SIL has been served with TPO and moved to S. Carolina.
Now trying to cancel the stolen property report. I was not given an incident number. When I talked to the operator at Alpharetta's dispatch, they could not locate an incident # either. She said that either her or the cop I talked to would get in touch with me. No idea what he did with the info.
 
#32 ·
I finally talked to an officer today. It appears that no report has been filed yet. It has been two weeks since I made the report. Pistol has not been listed as stolen. How long do the police wait to file their reports? Before I retired from the FD our butts got chewed if we did not get reports done before end of shift.
 
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