How to easily and safely get rid of your firearms for a certain time period

In_God_We_Trust

In_God_We_Trust

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My friend just asked me this, and if it were not for my Wife's loathing of me owning firearms, I would have helped him out....

This person was confronted with several family members asking him to temporarily get rid of his firearms as it would go a long way for his marriage. Anyhow, as he told me (and really did not as it has been apparent for some time), his marriage was pretty much done and over with, and now where the divorce is pending, he is concerned that the family members (and wife) will use this against him. Basically, he needs to get the firearms out of his house ASAP, but still wants to have them for the future.

How safe (and legal) is it to store firearms in a secure storage? Is that considered "off of person" if say per chance, his wife tries to say he was waving a gun around and was reckless (trying to get a restraining order) even though he is no longer in possession of them?


Anyhow, so I guess I am asking every one here who as had this sad experience, for any sound advice at this point.
 
If he has a friend licensed in RI (assuming that's where he lives), have them take possession of the guns. Maybe write up a dated letter with SNs and descriptions in case she tries to pull some nonsense during the divorce.
 
Mr Weebles said:
If he has a friend licensed in RI (assuming that's where he lives), have them take possession of the guns. Maybe write up a dated letter with SNs and descriptions in case she tries to pull some nonsense during the divorce.
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Very good point, having a notarized letter of sorts w/ the SNs and statement that he no longer has them for now... Interesting idea!

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Ultimate said:
Does he have a friend he fully trusts that can hold on to them? I would skip over any ideas of public storage.
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That is the problem... I would do this for him, but (lol) would have to sleep in the dog house with him.
 
Out of state makes it tough for the court or PD to get their greedy mitts on them.

Although the court could probably order you to bring them back and hold you in contempt if you didn't.
 
rocket500 said:
Out of state makes it tough for the court or PD to get their greedy mitts on them.

Although the court could probably order you to bring them back and hold you in contempt if you didn't.
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It's been done before and there is no need to order you to bring them back.

If you fail to IMMEDIATELY hand over everything in your possession AND tell them where they are if stored outside your possession (friend's house, out of state, 2nd home, etc.) they merely charge you with a violation of C. 269 S. 10 (Felony) . . . that will stand on its own regardless of what happens with an RO or your LTC. The local PD will request the non-MA PD to go and retrieve the guns/ammo/etc. and that PD will store them until the incident is cleared up, then you get them back . . . unlike MA where 90% chance they go to the infamous Bonded Warehouse to never be seen again.
 
LenS said:
It's been done before and there is no need to order you to bring them back.

If you fail to IMMEDIATELY hand over everything in your possession AND tell them where they are if stored outside your possession (friend's house, out of state, 2nd home, etc.) they merely charge you with a violation of C. 269 S. 10 (Felony) . . . that will stand on its own regardless of what happens with an RO or your LTC. The local PD will request the non-MA PD to go and retrieve the guns/ammo/etc. and that PD will store them until the incident is cleared up, then you get them back . . . unlike MA where 90% chance they go to the infamous Bonded Warehouse to never be seen again.
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The OP is RI as far as I can tell.
 
In_God_We_Trust said:
So, from what it sounds like, a public storage facility that is temperature controlled and secure is not something anyone here has recommended or done?
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storage isn't the issue its the possession and availability to access them that becomes problematic. Find a good friend or trustworthy dealer and sign em over to them and they would take possesion. Let the storm pass and have them sign em back over.
 
What does he have? I would be glad to....store...them for a while.
Any ammo might not make it back however as I would certainly make sure they....function....properly
 
groundscrapers said:
storage isn't the issue its the possession and availability to access them that becomes problematic. Find a good friend or trustworthy dealer and sign em over to them and they would take possesion. Let the storm pass and have them sign em back over.
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This sounds like the best route to me. If he no longer 'owns' them...they can't take them.

IANAL...JMHO
 
It seems to be all about possession/ownership. I'd tell him to transfer them to a friend for the time being. Not sure the good 'ol fishing trip accident would cut it in court :)
 
Not sure of RI law, but you may run afoul of the private transfer laws. In MA for example, one can only do 4 private transfers in a year, thus requiring a FFL to be in the loop.

Having seen the RO route from some friends, it has come to my attention that serving a RO on the wife may be an alternative, but if the PD show up he will have to turn all over to them. Get a FFL involved immediately.
 
G30 said:
It seems to be all about possession/ownership. I'd tell him to transfer them to a friend for the time being. Not sure the good 'ol fishing trip accident would cut it in court :)
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an "unfortunate smelting accident?"
 
smokey-seven said:
Not sure of RI law, but you may run afoul of the private transfer laws. In MA for example, one can only do 4 private transfers in a year, thus requiring a FFL to be in the loop.

Having seen the RO route from some friends, it has come to my attention that serving a RO on the wife may be an alternative, but if the PD show up he will have to turn all over to them. Get a FFL involved immediately.
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Long guns can be transferred FTF if both are RI residents. Handguns will require FFL.
 
I don't know RI law. But I'll make reference to MA, CT and Federal law.

As others have said, in MA, he would effectively be screwed.

In CT, he could just loan them to a friend.
He would also be within the law refusing to divulge where they are.

So he could completely protect himself in CT.

Do you need a pistol permit / LTC / FID in RI to merely possess a handgun?

If not, then I'd say he should just loan them to an anonymous friend. Safe and legal.

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n1bsbri said:
Long guns can be transferred FTF if both are RI residents. Handguns will require FFL.
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This does not need to be a transfer. It could simply be a loan. If there's no transfer, there's no paperwork. The ATF does not consider it to be a transfer when someone simply loans a firearm to another person.

https://www.atf.gov/files/firearms/industry/0501-firearms-top-10-qas.pdf
 
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dcmdon said:
I don't know RI law. But I'll make reference to MA and CT.

As others have said, in MA, he would effectively be screwed.

In CT, he could just loan them to a friend.
He would also be within the law refusing to divulge where they are.

So he could completely protect himself in CT.

Do you need a pistol permit / LTC / FID in RI to merely possess a handgun?

If not, then I'd say he should just loan them to an anonymous friend. Safe and legal.

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This does not need to be a transfer. It could simply be a loan. If there's no transfer, there's no paperwork. The ATF does not consider it to be a transfer when someone simply loans a firearm to another person.

https://www.atf.gov/files/firearms/industry/0501-firearms-top-10-qas.pdf
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Right, I was referring to a transfer, which was the question asked. He could loan any gun to someone else, as long as they are not a PP. There is no permitting required to possess guns in RI, only for carry / transport outside the house.
 
Sell them. To (or at least through) an FFL. No loans. No FTF. No hiding. Gone for good. Buy new ones later.

Sadly, this is the only 100% safe and complete answer to the "ugly, nasty, bitter divorce" legal dilemma.
 
EJFudd said:
Sell them. To (or at least through) an FFL. No loans. No FTF. No hiding. Gone for good. Buy new ones later.

Sadly, this is the only 100% safe and complete answer to the "ugly, nasty, bitter divorce" legal dilemma.
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That is not the only way.
 
In_God_We_Trust said:
So, from what it sounds like, a public storage facility that is temperature controlled and secure is not something anyone here has recommended or done?
Click to expand...

I did exactly this when renovating my house. The only one I told was the insurance company I use for my gun coverage (NO, not Homeowners) and they were good with it. The storage places have "rules" against storing weapons, but I could care less, we just made sure that they weren't visible to the cameras and moved them after hours.

Not knowing RI laws, I can't tell you what will or won't fly there.

ROs require confiscation as each state implemented the Fed Law (Lautenberg Act) and one conversant in RI law would be the only good source to get info on what will work without losing the guns permanently.

Also advise AGAINST filing RO against her first, for the following reasons:
- I never advocate lying to police, judges, courts, etc. it could come back to bite you if someone wanted to make an example (perjury) of you.
- It could get her to cross-file an RO in which case you are screwed too.

Much better to see if the two (perhaps with help) can mediate a split-up peaceably with less lawyer involvement and go their own ways without false accusations . . . each will end up with more money this way too!
 
1: Find trusted friend who can legally purchase and posses and arrange to sell them to him/her and then sell them back to you for the same amount. who will sell them back to you when this is done.

2: Find FFL with reasonable Transfer Fees

3: Sell to friend through FFL, pay fees and whatever price you decide with friend, and document everything and file all appropriate paperwork

4: Now they are out of your possession and you have the legal paper trail to prove it

5: Deal with the coming shit storm. Sorry you are going through it.

6: When it blows over see how good a friend your friend really is.


I did this when I moved out of the country for a number of years. Sold them for all $1. No problems, the only hassle was paying the cost of the FFL, but when compared to how much it would have cost to store anything for the 5 years I was gone was very cheap.
 
THANK you all for the comments! I sat down with my friend last night, and he has 12 C&Rs....and showed me the book. I have a C&R as well, and to me that makes this a bit more complicated. Meaning, he is going to have to find (I would assume) another C&R or FFL he can transfer to: As I told him, IANAL but, I do not believe you can transfer those without recording them as transferred in the book.

So to me, based on the comments above, since I cannot take them (not enough storage and I would be in the same boat with the Mrs.), an FFL is going to be the way to go.

Thanks again for all of the assistance and thought in this thread. Will let everyone know what happened.
 
Yup, any transfers of the C&Rs have to be put in his BB. Not a problem and easy to explain if BATFE ever audited his records.
 
Just tossing this out there. What if your friend took them to an FFL and had them put on consignment with a crazy high asking price so that no one will buy them. After the storm blows over, he picks them up and compensates the FFL for his help. Obviously he would need to be up front with the FFL
 

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