I was order to return guns in my divorce settlement. I never had the guns and don't now, what should I do.

Asked about 2 years ago - Portland, OR

I was order to return four guns to my wife in a divorce settlement I have never had the guns, In fact my wife knows her drug addict son stole two of them several years ago. She did not want to report them stolen to keep her son out of more trouble. Now in a nasty divorce of over a year, she claims I took the guns and not the court ordered me to return them.

Attorney answers (2)

  1. Adam J Brittle


    Contributor Level 4


    Lawyer agrees

    Answered . As has already been stated here, you cannot return what you do not possess. You should submit a sworn statement (affidavit) to this effect into court (i.e. I do not possess these firearms and do not know where they are). An attorney should help you with this if you do not know how.

    Perhaps of equal concern is the idea that firearms registered to you are no longer in your possession or control. If these weapons are subsequently used in a crime or other incident, you may find yourself under scrutiny. Bottom line: lost/stolen firearms should be reported. This report can also be used to demonstrate to the court that you do not have the weapons any longer. Again, in a case like this I would strongly recommend consulting with an attorney with whom you can discuss any circumstances that may put you at legal risk in this circumstance. Best of luck.

    DISCLAIMER: The sending of an e-mail or answering of a question does not create an attorney client relationship.... more
  2. Jay Bodzin

    Contributor Level 20

    Answered . If you don't have them, of course you can't return them. Just tell the court that you don't have them. You should have an attorney to help you, if you're going through a divorce.

    Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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