Firearms and the Mentally Ill

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Hardcase

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As part of an ongoing family drama that I would not believe if I hadn't experienced it myself, I've ended up with custody of my father in law's two rifles. I'm faced with the dilemma of what to do when he eventually demands to have them back.

(Deleted a ton of stuff based on Pax's reply below)

The distilled essence is that my father in law is suicidal and at the minimum verbally violent. I've got the guns - he wants them back. I have an obvious difficulty putting firearms in the hands of a suicidal and potentially violent person, particularly a family member.

I guess that I'll be calling a lawyer today, but I appreciate your insight as well.
 
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First -- I'm sorry your family is going through such tough times. That's really rough and you have my sympathy!

Second -- that's way too much personal information to put out on the web. Sucks, but true anyway.

Third -- there's nobody on TFL who can definitively answer a question like that; or rather, you should never ever gamble your freedom and your "not-a-criminal" status on the word of a casual online acquaintance. Not on something like this.

You need a good lawyer who practices in your state to answer that question, and to advise you what to do next.

If you're anything like me, you probably balk at the thought of spending money on something like that. Please trust the voice of experience here: The cost of a short consultation with a good lawyer will be far, far, far lower than the cost of cleaning things up if you get it wrong.

pax
 
Details, legal issues....

Not to pry or get to detailed, but do you legally own these firearms or possess them by court order/will/power-of-atty?
If the guns are in your possession(not custody which implies that you need to return them to the lawful owner by contract or court order).
If your family member is adjudicated as unstable or meets the legal criteria as someone determined not to be in possession of firearms/ammunition by court order/state law then you should be able to maintain ownership of them.

If this person is threatening you or keeps harassing you, Id consider a PFA(protection from abuse) or restraining order.
If & I mean if(due in part to not knowing both sides of the disputes/legal details) the family member is violent/making serious threats, you need to document these actions to show cause of why you want to keep the firearms.
From the information posted, it sounds like a serious domestic dispute. I'd find a legal advisor with family court/domestic law experience.
Depending on your area/laws/ordinances if the person has a PFA/protection order they may not be allowed to buy new firearms & ammunition.

Clyde
 
Much different sinerio for me,but I had to take the car away from my mom.
Now no comparison at all,but it was hard. I do believe I got called some new 4 letter names I have never heard before. My only condolence was that I was maybe saving her life and someone else too. In the end as I was told by the pastor of our Church- Put your faith in God. Just keep in mind you are saving someones life and it will pass, like mine did.
 
ClydeFrog said:
Not to pry or get to detailed, but do you legally own these firearms or possess them by court order/will/power-of-atty?
If the guns are in your possession(not custody which implies that you need to return them to the lawful owner by contract or court order)....
Click to expand...
And no, we're not going to go there.

As pax has advised, this is not the place for the OP to (1) go into the details; or (2) get advice upon which he will rely.

The OP is doing the right thing by seeing an attorney. And we would be doing the wrong thing by intruding into that process.

I probably ought to close this, but I'll leave it open to see if anyone has anything appropriate/supportive to contribute. But if things start getting inappropriate or intrusive, I'll close it in a flash.
 
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