This is a question for one of our Texas based legal representatives. I am trying to point a workmate of mine in the right direction.
My friend Casey is getting divorced, poor guy, and there are two pistols in the fray, with extenuating circumstances with one of the pistols.
Pistol 1 is a Glock. I do not know which one. Casey bought it for his wife a few years back for her birthday. Casey filed out all the paperwork for the background check.
Pistl 2 is a Hellcat. Same year Casey bought the Glock for her, she bought this one for him for his birthday. She filled out the paperwork for the background check.
OKAY…before we go any further, I know Texas does not have a gun registry, so anyone wishing to throw comments my direction about that can keep them to themselves. I have been on the wrong side of that already with a little .380 I gave to my ex-wife when she left more than 20 years ago. She got into a jam for cash and pawned it. The pawn shop sold it. It was used for a crime and recovered at the crime scene. Albuquerque PD showed up at my door wanting to know why my pistol ended up in the hands of a criminal. Incidentally, the initial purchase of that weapon was back in '86, in Clovis, NM. The gun shop closed down and all the paper records disappeared. NM did not have a gun registry back then and I do not think they have one now. The serial number of that weapon had to be in an electronic database with my name on it even after it was sold to the pawn shop and then resold. The pawn shop in question is in San Antonio. I am not in San Antonio.
SO, please refrain from any comments concerning Texas and a gun registry.
Back to the question at hand. Pistol 2, the Hellcat, was lost earlier this year when they took a long weekend to see relatives in San Marcos. While packing up to come home, Casey placed the weapon, which was in a case with a couple magazines, on the toolbox in the bed of his pickup, then helped load things into the bed. The pistol was forgotten on the toolbox. They get on the road and he remembered the pistol on the toolbox. It was gone. They backtracked all the way to the relative’s house but did not find it. He filed a report with San Marcos PD and has been chastised to no end for negligence with a firearm. San Marcos PD has chastised him and our local law enforcement has chastised him.
Fast forward a few months and Casey and his wife are legally separated. Irreconcilable differences. She moved back in with her folks and he is still living here. She left the Glock with him since he did the paperwork. Yesterday, she got a call from the San Marcos PD saying someone turned the lost Hellcat in. It had not been fired. It was “FOUND” and the concerned citizen who “FOUND” it just wanted to do the right thing. After some hoops to jump through, she will get the pistol back because she did the paperwork.
After they get the Hellcat back, they want to trade so that she has the Glock and he has the Hellcat, and that any other question about those two pistols goes to the correct person.
What do Casey and his soon to be ex-wife need to do to be able to accomplish that?