Firearm retrieval - should I get the police involved?

[misconfig]

I have a bit of a unique situation, I purchased a firearm my ex could use for self defense back in 2010 after we split up ( my son lives with her and I wanted to make sure she could protect herself and my son ). Fast-forward 3 years, I've realized the firearm had been recalled ( Diamondback DB380 first production run ) and I feel it is unsafe.

I want to get the firearm back from her, she has a new boyfriend who is living with her and can provide adequate protection ( Military special forces ). However he is keeping the firearm from me, stating that I need to provide to him a bill of sale and proof of registration.

I have the box, paperwork and receipt ( with serial number listed ) and I know where I purchased it. What rights do I have as a firearm owner with said proofs? Would I have a leg to stand on if I were to file a police report to request the firearm to be placed back in my possession?

Since Indiana doesn't require 'registration' I never went through such process, I am technically the legal owner and I feel the burden of proof ( Bill of Sale ) should be in their hands, not mine.

Thanks for your time.

 

[eldirector]

File a stolen property report (kinda hard, since you did GIVE it to her) or file in small claims court.

You've already been more than nice, by giving it in the first case and then letting them know of the recall. If they want to play games, let them keep it.

Just my $0.02.

 

[HoughMade]

The burden of proof is on the person who wants to change the status quo. Guess who that is.

Sounds like a small claims case to me. Police should not get involved with the change of possession of property without a court order. When you say "ex"- what kind of "ex"?

 

[ultra...good]

Two things here:
you want the gun back because of the recall because you feel it is unsafe.
you want the gun back because of new boyfriend and she no longer needs it.

so, you want the gun back to have it fixed, then return it to her, or you just want the gun back?

either way does not matter to me, but pick one route and stick to it.

 

[nucular]

I would just let it go. Tell her about the recall and be done with it.

 

[Manatee]

Sounds like a gift to me. I don't think you have any legal right to the firearm. Notify them of the recall and move on.

 

[misconfig]

She is my ex fiance.

Honestly I'm not very concerned with the firearm as much as I am with the defective unit in her house with an immediate tie to me. Should I just request they sign a bill of sale in order to 'transfer' liability from me to them?

 

[HoughMade]

She is my ex fiance.

Honestly I'm not very concerned with the firearm as much as I am with the defective unit in her house with an immediate tie to me. Should I just request they sign a bill of sale in order to 'transfer' liability from me to them?

Whatever you do, document that you informed them of the recall.

 

[rockhopper46038]

I wouldn't try to retrieve it, but you certainly could (and perhaps should) require that she sign a bill of sale stating that she is aware of the recall and that you bear no responsibility for injuries or death pursuant to the use of the firearm. If she (or it sounds more likely, he) refuses, then I would consider going to small claims court with the mindset that all you want is legal protection, not the return of the firearm; but you'd take the firearm back if they prove unreasonable to that request.

 

[misconfig]

I wouldn't try to retrieve it, but you certainly could (and perhaps should) require that she sign a bill of sale stating that she is aware of the recall and that you bear no responsibility for injuries or death pursuant to the use of the firearm. If she (or it sounds more likely, he) refuses, then I would consider going to small claims court with the mindset that all you want is legal protection, not the return of the firearm; but you'd take the firearm back if they prove unreasonable to that request.

Great suggestion, I appreciate everyones feedback. I will reach out to her boyfriend and ask if he'd be OK with signing a BoS and assume liability of the firearm.

 

[Squirt239]

Sounds like a gift to me. I don't think you have any legal right to the firearm. Notify them of the recall and move on.

^^^ This. ^^^ You would have a hard time proving it wasn't a gift, now that you've posted it to the interwebs. Write it off as a learning experience. I would however send a registered letter stating that the firearm has been recalled and if they so choose to keep it, they have the burden of getting it fixed. Good luck, and don't sweat the small stuff...ex's are ex's for a reason ;-)

 

[eldirector]

Why even talk to the BF? You didn't give it to him, and they don't legally share property. Ask her to sign.

 

[kiddchaos]

All your diamondback are belong to us.

 

[nucular]

I don't understand why you feel you have the responsibility to tell them anything. If you are concerned about their safety that is one thing but you have no obligation to disclose a manufacturer recall to them as a private seller (gifter). If you sold a gun years ago to someone off of Craig's List, would you feel compelled to try and find their number and call them to warn them of a recall? No, they are the owner. That is their responsibility and not your liability.

 

[HeadlessRoland]

She is my ex fiance.

Honestly I'm not very concerned with the firearm as much as I am with the defective unit in her house with an immediate tie to me. Should I just request they sign a bill of sale in order to 'transfer' liability from me to them?

This.

 

[halfmileharry]

Give 'em box, ,papers, etc, and recall information. Be done with them. Sounds like the new boyfriend might be wanting to flex a bit of muscle You don't need that crapola

 

[Steell]

I don't understand why you feel you have the responsibility to tell them anything. If you are concerned about their safety that is one thing but you have no obligation to disclose a manufacturer recall to them as a private seller (gifter). If you sold a gun years ago to someone off of Craig's List, would you feel compelled to try and find their number and call them to warn them of a recall? No, they are the owner. That is their responsibility and not your liability.

Original post said

I have a bit of a unique situation, I purchased a firearm my ex could use for self defense back in 2010 after we split up ( my son lives with her and I wanted to make sure she could protect herself and my son )

.

Are you saying it's not reasonable to want to protect his son?

 

[nucular]

Original post said .

Are you saying it's not reasonable to want to protect his son?

That's why I said "it's one thing if he is concerned about safety" but he makes it sound like he just wants documentation because he is concerned about liability.

 

[misconfig]

*** Update ***

I reached out to the boyfriend and I offered the Box, Paperwork, Receipt, extra mag and the recall information in exchange for a signed Bill of Sale ( either by her or him, I do not care ). He continues to put up a fight and insists I show him 'proof of registration'.

So at this point, I'm simply saving all of the text conversations, keeping the information I have and hope nothing happens. I do not want to fight over it, I was merely trying to reduce my liability in this situation while also doing my due-diligence of letting them know there is a potentially unsafe weapon under the same roof my son resides.

If something happens I'll make sure I bring this up, thanks for the advice everyone!

 

[KG1]

*** Update ***

I reached out to the boyfriend and I offered the Box, Paperwork, Receipt, extra mag and the recall information in exchange for a signed Bill of Sale ( either by her or him, I do not care ). He continues to put up a fight and insists I show him 'proof of registration'.

So at this point, I'm simply saving all of the text conversations, keeping the information I have and hope nothing happens. I do not want to fight over it, I was merely trying to reduce my liability in this situation while also doing my due-diligence of letting them know there is a potentially unsafe weapon under the same roof my son resides.

If something happens I'll make sure I bring this up, thanks for the advice everyone!

Is he talking proof of registration with the gun manufacturer or what? There is no firearm registration law. Where is this guy from?

Any way it sounds like you have proof that you tried to resolve this issue and any furher issue with liability for the firearm is on him since it's in his possession and he refuses to co-operate.