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Old March 1, 2013, 01:57 AM   #1
Kissinme
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Join Date: February 28, 2013
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Transferring or giving away a long rifle.

Hey guys I'm new as you can see, but I have a question.

I was living in ct, with at the time my bf. He gave me an ar lower as a gift and when I moved back home I took it with me. That was all good and well until the distance started getting to him and he was getting real crazy. So I broke up with him. Some time goes by and he starts asking for the lower back, it was a gift though and he has it in his head I'm gonna sell it and I'm not. If I was I would have already. But anyways now he is threatening to report it stolen/missing, when it is clearly not.

Can he do that? Should I be worried?
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Old March 1, 2013, 06:51 AM   #2
Aguila Blanca
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Connecticut requires a State Police authorization to transfer handguns, but does NOT (currently) require authorization for face-to-face transfers of rifles or shotguns. Assuming both you and your ex-BF were both legally residents of CT at the time the gift was transferred, no laws were broken.

That said, nothing can prevent your ex-BF from making up a bogus complaint. However, several years ago CT enacted a law requiring owners to report the loss or theft of any firearm to the police with some very short period (48 hours? 72 hours? I don't remember -- I paid attention at the time because my brother lives in CT but I have since forgotten) of when they knew "or should have known" that the firearm was lost or stolen. I would suggest that, if you have been broken up for some time (like, in excess of 72 hours), your ex-BF is going to have some 'splainin' to do if he NOW decides to go to the police with a concocted story that you stole his AR-15 lower. The lower receiver on the AR-15 is the part that has the serial number and is considered to be the "firearm" for transfer purposes. So, theft of a lower receiver would be subject to the same reporting requirement as theft of an entire rifle.

You don't mention where you are now located, and I don't think we need to know. Unless for some reason you don't want your local police to know that you have an AR-15 lower receiver, have you considered reporting him to the police? What he is doing is essentially blackmail. Further, if he still lives in CT and you now live in another state, for you to return the receiver to him would be an interstate transfer and would have to go through at least one FFL. Somehow, given all the crazy new laws I understand are being proposed in CT, I somehow don't think your ex-BF wants there to be a paper trail on this. However, whatever his or your motives, the receiver is now in another state, and for you to just send it to him (not that I'm suggesting you should do so) would put YOU in violation of Federal law pertaining to interstate transfers.

Standard disclaimer: I am not a lawyer, and my advice is worth what you paid for it.

Last edited by Aguila Blanca; March 1, 2013 at 06:59 AM.
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Old March 1, 2013, 09:44 AM   #3
Kissinme
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It's been over a year since I moved and about 11 months since the break up.
That what I couldn't exactly remember was if there was official paperwork to transfer a long gun in ct. I remember there was for handguns, so I thought id be better off asking someone.
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Old March 1, 2013, 09:54 AM   #4
AH.74
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I would not cave in to threats, but that's just me. I would probably cease all communications completely.

If I were you, I would consider finding a good hiding spot and tucking it away, just in case.
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Old March 1, 2013, 10:00 AM   #5
Kissinme
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I actually have stopped talking to him completely. If he calls or texts I do not answer, the thing about him reporting it was a text he left me. Other than seeing the text I don't communicate with him at all.
The lower is already ticked away and has been with some other goodies, I just couldn't ever find an upper that I really wanted to spend money on then when this all this craziness came out....well, prices are outrageous now to say the least.
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Old March 1, 2013, 11:01 AM   #6
Sport45
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Save the text on your phone. Having his threat available to show some future investigator may come in handy.
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Old March 1, 2013, 11:11 AM   #7
wooly booger
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Ain't love grand?

I would definitely save the text. If you lived together in CT and depending how long) the lower could be considered communtiy property. Cohabitation would make it very difficult to prove that you stole it, likewise, it will also be difficult to prove it was a gift. Either way, CT courts presently are not too friendly to anything related to AR's. I think both of you really drop the issue.
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Old March 1, 2013, 11:33 AM   #8
Frank Ettin
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This could become a messy situation. There is a significant, potentially complicating factor.

It is my understanding that for the purposes of federal law because an AR lower receiver may be built out into either a rifle or a handgun, it is neither a rifle nor a handgun; and it is therefore classed as "other." And under federal law it would be subject to rules generally applicable to handguns (unless and until it is actually built into a rifle).

I have no idea how an AR lower would be treated under Connecticut law. So there is a possibility that the initial transfer without formalities to the OP was infirm under Connecticut law.

So getting a lawyer involved might be a very good idea. Also, documenting any contacted or attempted contact is good idea.

Quote:
Originally Posted by wooly booger
...If you lived together in CT and depending how long) the lower could be considered communtiy property...
You should not he spouting off law that you don't understand. Community property is a particular form of marital property law based on Civil (Roman) Law and recognized in nine States: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Connecticut is not a community property State; marital property law in Connecticut (and the other States) is based on Common Law.
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Old March 1, 2013, 01:21 PM   #9
Kissinme
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. Beginning October 1, 2007, a new law (1) requires such reports, within the same deadlines, for all lawfully possessed firearms (except an antique firearm) lost or stolen and (2) imposes penalties ranging from an infraction to a class C felony for failing to report within the deadline. Neither the current law nor the act requires police departments to report the data they collect to gun dealers.

I found this on ct's website, it apparently used to only be for what they considered assault weapons but not it is for all firearms owned if I'm reading correctly.

Last edited by Kissinme; March 1, 2013 at 01:27 PM.
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Old March 1, 2013, 01:36 PM   #10
Kissinme
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Looks like there may also be a $500 fine for intentionally not reporting in the first 72 hours.

That probably helps to deter people like him and encourages proper reporting.
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