The Firing Line Forums

Go Back   The Firing Line Forums > The Hide > NFA Guns and Gear

Reply
 
Thread Tools
Old September 24, 2012, 07:55 AM   #1
Jack_Bauer24
Senior Member
 
Join Date: August 16, 2007
Posts: 135
NFA Items Dispersion

I have a hypothetical question regarding NFA items. How would this effect both Individual & Trust.

If you had 10 NFA items before you were married and then accumulated 5 NFA items after marriage and your spouse divorcees you some time later can a judge make you sell or transfer the 5 NFA items to your spouse?

The reason is I'm in NC and they have very hard divorce laws that 1/2 belongs to your spouse in a divorce.
__________________
"When the people fear the govt there is tyranny, when the govt fears the people there is liberty."
Thomas Jefferson

Last edited by Jack_Bauer24; September 24, 2012 at 09:04 AM.
Jack_Bauer24 is offline  
Old September 24, 2012, 01:44 PM   #2
cornbush
Senior Member
 
Join Date: September 29, 2008
Location: The retarded place below Idaho
Posts: 1,375
My advice would be to treat her good.......
__________________
The best shot I ever made was an accident
cornbush is offline  
Old September 24, 2012, 01:56 PM   #3
Skans
Senior Member
 
Join Date: November 20, 2008
Posts: 7,421
The divorce judge doesn't have to order that you split them with your spouse, he can simply order you to sell them and split the proceeds. Or, the judge can put a value on the NFA items and off-set your other assets by the value of the NFA, letting you keep your guns, but take more than 1/2 of everything else away from you to compensate.

Also, depending on how long you were married, what you had prior to your marriage may no longer matter. Every state is different, but generally the longer you were married, the less a judge will say you own "prior" to your marriage. If you were married for 25 years, the judge isn't going to want to hear about the $10,000 and Colt Python you had prior to your marriage. He'll just tell you - "Well, you could have made her sign a prenuptial agreement.........but you didn't, so it's 1/2 hers now".

Last edited by Skans; September 24, 2012 at 02:03 PM.
Skans is offline  
Old September 24, 2012, 03:33 PM   #4
Goatwhiskers
Senior Member
 
Join Date: April 8, 2009
Location: Batchelor, La.
Posts: 438
I'm not a lawyer, not have I ever played one on TV, but I'll bet she would have to do all the paperwork and pay the $200 fee on each item to have them transferred. Heck, the judge would probably make you pay the fees. GW

Come to think of it I didn't even sleep in a Holiday Inn Express last nite.
Goatwhiskers is offline  
Old September 24, 2012, 07:29 PM   #5
Willie Lowman
Senior Member
 
Join Date: March 5, 2009
Location: Uh-Hi-O
Posts: 2,314
It's cheaper to keep her.
Willie Lowman is offline  
Old September 25, 2012, 08:00 AM   #6
Jack_Bauer24
Senior Member
 
Join Date: August 16, 2007
Posts: 135
Asking for a friend, this is why I'm not married and never plan to.
__________________
"When the people fear the govt there is tyranny, when the govt fears the people there is liberty."
Thomas Jefferson
Jack_Bauer24 is offline  
Old September 25, 2012, 03:38 PM   #7
Stressfire
Senior Member
 
Join Date: June 16, 2011
Location: Ohio
Posts: 1,497
Quote:
It's cheaper to keep her.
With Ohio being a no fault state, maybe not

Yup, yup to the pre-nup

But I would hope that whatever was purchased privately before a marriage remained the owner's even should it end

Might want to have your friend look into a dissolution instead - they tend to be less.....messy
__________________
"The best diplomat I know is a fully charged phaser bank" - Montgomery Scott
Stressfire is offline  
Old September 26, 2012, 11:52 PM   #8
medalguy
Senior Member
 
Join Date: August 31, 2009
Location: New Mexico
Posts: 1,004
Regardless of what any judge or divorce decree requires, each and every transfer will have the tax due. Federal law trumps.

Another good reason for a trust in my opinion.
medalguy is offline  
Old September 28, 2012, 09:39 AM   #9
C Philip
Senior Member
 
Join Date: January 9, 2005
Location: USA
Posts: 784
If I had 10 NFA items before I got married, there would be a prenuptial agreement involved.
C Philip is offline  
Old September 30, 2012, 07:25 PM   #10
Rob62
Senior Member
 
Join Date: June 28, 1999
Location: Georgia, USA
Posts: 424
Skans gave a great answer and I think is spot ON for just about any state's divorce laws / property laws.

There is nothing that I can think of to add to it.
__________________
NRA & NAHC Life Member
Rob62 is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 05:46 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2013 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.10915 seconds with 9 queries