Go Back   Alberta Outdoorsmen Forum > Main Category > General Discussion

Reply
 
Thread Tools Display Modes
  #1  
Old 09-16-2012, 08:54 PM
fuzzy78 fuzzy78 is offline
 
Join Date: Oct 2011
Posts: 30
Default Can a divorce get your pal license taken away

Hello everyone

I have a buddy going through a divorce his wife is now considering letting the authorities aware that it is happening so they take his license away does anyone know anything about this?
Reply With Quote
  #2  
Old 09-16-2012, 08:59 PM
Acesneights's Avatar
Acesneights Acesneights is offline
 
Join Date: Dec 2009
Posts: 560
Default

Not sure seen the police take guns away from a buddy of mine when I was there and he had not done anything wrong. The police believe woman. The government has lots of power. Good luck to him. Tell him to lock up all his guns at your place.
Reply With Quote
  #3  
Old 09-16-2012, 09:05 PM
Sneeze Sneeze is offline
 
Join Date: Aug 2009
Posts: 3,197
Default

I can't speak to the actions of the police if she phones and makes up a story how he "may be a danger".

But I can remind you that the long gun registry is now gone and non restricted firearms can be sold for what ever price the owner wants to whomever he chooses.

A transaction record is not necessary for private transactions such as this.


Read: Go get his non restricted firearms and store them securely at your place.
Reply With Quote
  #4  
Old 09-16-2012, 09:30 PM
rwm1273 rwm1273 is offline
Banned
 
Join Date: Apr 2011
Location: Deadmonton
Posts: 6,368
Default

She can make a complaint claiming that she is scared, and the police may come and take the guns away.

When renewing your license, this also may cause a problem.

I had my guns confiscated, and when I went to court to get them back, my ex did not show up in court. The prosecutor explained that my guns were all legally stored and registered, and I had not been charged with anything. The judge asked the court several times if anyone had an issue with me keeping my guns. Had anyone said anything, I am sure I would not have gotten them back.

My ex tried to then get them removed again, but this failed, and by this time the judge involved in the divorce saw that she was just a witch with a capital "B", and told her that she had a chance to have my guns removed, but she failed to show up in court for my hearing, and he would not entertain a thought about having them confiscated from me. Same thing happened at our trial, and this judge said similar things.

When I had to renew my license a couple years later, it was delayed, and I had to submit more documents, and it was still delayed, and so I called the CFO, and he asked me about my ex and what her issues with me having guns was. I told him she was a Biotch, and he said "Oh one of those. I got one too. I will put your license in the mail today."
Reply With Quote
  #5  
Old 09-16-2012, 09:34 PM
rwm1273 rwm1273 is offline
Banned
 
Join Date: Apr 2011
Location: Deadmonton
Posts: 6,368
Default

Quote:
Originally Posted by Sneeze View Post
I can't speak to the actions of the police if she phones and makes up a story how he "may be a danger".

But I can remind you that the long gun registry is now gone and non restricted firearms can be sold for what ever price the owner wants to whomever he chooses.

A transaction record is not necessary for private transactions such as this.


Read: Go get his non restricted firearms and store them securely at your place.
I would be careful with this, because if he claims they were sold, then he is responsible to provide her with half the sale price. If there is a disagreement on the price, the judge may assign a high value on them and he will be out, and looked upon badly for selling "matrimonial property". This is considered dissipation of assets.
Reply With Quote
  #6  
Old 09-16-2012, 09:46 PM
npauls's Avatar
npauls npauls is offline
 
Join Date: Dec 2008
Location: Lethbridge, Alberta
Posts: 4,063
Default

Quote:
Originally Posted by rwm1273 View Post
I would be careful with this, because if he claims they were sold, then he is responsible to provide her with half the sale price. If there is a disagreement on the price, the judge may assign a high value on them and he will be out, and looked upon badly for selling "matrimonial property". This is considered dissipation of assets.
Pretty tough to split half of zero.

Like mentioned before there doesn't need to be any documents stating he sold the guns and can claim he sold them for a dollar a piece if he wanted.
Reply With Quote
  #7  
Old 09-16-2012, 09:47 PM
Sooner Sooner is online now
 
Join Date: Mar 2009
Location: Edmonton
Posts: 9,677
Default

Buy a gun cabinet and give it to a good friend or your dad etc, put your guns in there and give him the key. This is what 2 friends did and it seemed to put there about to be ex in their place. Cant really stop them from making up stories if thats the road they want to go down.
Reply With Quote
  #8  
Old 09-16-2012, 10:10 PM
rwm1273 rwm1273 is offline
Banned
 
Join Date: Apr 2011
Location: Deadmonton
Posts: 6,368
Default

Quote:
Originally Posted by npauls View Post
Pretty tough to split half of zero.

Like mentioned before there doesn't need to be any documents stating he sold the guns and can claim he sold them for a dollar a piece if he wanted.
You do not seem to understand the meaning of dissipation of assets. If she claims they were worth $5K and he says they were only worth $500, then he may be ordered to pay her the difference. It makes no difference if they were or were not worth what she claims, the judges often sides with her.
Reply With Quote
  #9  
Old 09-16-2012, 10:12 PM
rwm1273 rwm1273 is offline
Banned
 
Join Date: Apr 2011
Location: Deadmonton
Posts: 6,368
Default

Quote:
Originally Posted by Sooner View Post
Buy a gun cabinet and give it to a good friend or your dad etc, put your guns in there and give him the key. This is what 2 friends did and it seemed to put there about to be ex in their place. Cant really stop them from making up stories if thats the road they want to go down.
This is much better advice. Move the guns to a third party, and this will prevent her from claiming she is scared of you and your guns.
Reply With Quote
  #10  
Old 09-16-2012, 10:35 PM
ishootbambi ishootbambi is offline
Banned
 
Join Date: Sep 2009
Location: medicine hat
Posts: 9,037
Default

the best advice has been given. a woman can fabricate any story she wants to and the cops will act without any evidence on it. it can take a long time to prove your innocence. the worst part is that there is no repurcussions for a woman that does it. get them guns out of the house pronto! the way you say the wife is considering acting would get me on the phone with the cops first to explain the threat. gun laws in canada are brutal.
Reply With Quote
  #11  
Old 09-16-2012, 10:47 PM
brownbomber's Avatar
brownbomber brownbomber is offline
 
Join Date: May 2007
Location: flms
Posts: 3,911
Default

Play beer league hockey or ball with cops, take them out hunting or grow up with one (be friends with a local GRC) and all will be good and your side of the story will be believable. That's about the only way other than being a chick that they will believe you at the outset of most domestics
__________________
the days we are at our best we can play with anybody, problem is those days are getting farther and farther apart
Reply With Quote
  #12  
Old 09-16-2012, 10:55 PM
countrykid countrykid is offline
 
Join Date: Jul 2009
Location: Viking
Posts: 358
Default

Quote:
Originally Posted by rwm1273 View Post
You do not seem to understand the meaning of dissipation of assets. If she claims they were worth $5K and he says they were only worth $500, then he may be ordered to pay her the difference. It makes no difference if they were or were not worth what she claims, the judges often sides with her.
Even if you legally sell all of your firearms, bill of sale and all, to your buddy for something silly like $50? That is what you sold them for, how could she "create" money?

Not that I am in such a situation, it is just a thought that ran through my head upon reading this.
Reply With Quote
  #13  
Old 09-16-2012, 11:28 PM
Iskra's Avatar
Iskra Iskra is offline
 
Join Date: Aug 2008
Posts: 827
Default As I read this

What are we talking about here? How can she prove you own any guns without registry unless they are restricted. In an application for PAL there is a section to be filled by an ex if a divorce or separation happened in so many years before. I am not sure on renewal. The only thing she can do is influence your PAL. You can store your guns with your friend as nobody knows what he or you own. The problem is if she is able to suspend your PAL, you will not be able to use your guns without supervision.
__________________
.
Reply With Quote
  #14  
Old 09-16-2012, 11:34 PM
missingtwo missingtwo is offline
Banned
 
Join Date: Feb 2012
Location: south of Edm
Posts: 517
Default

Quote:
Originally Posted by rwm1273 View Post
You do not seem to understand the meaning of dissipation of assets. If she claims they were worth $5K and he says they were only worth $500, then he may be ordered to pay her the difference. It makes no difference if they were or were not worth what she claims, the judges often sides with her.
What guns????
Reply With Quote
  #15  
Old 09-17-2012, 07:24 AM
FishingMOM FishingMOM is offline
 
Join Date: Jul 2010
Location: Calgary
Posts: 9,599
Default

Quote:
Originally Posted by brownbomber View Post
Play beer league hockey or ball with cops, take them out hunting or grow up with one (be friends with a local GRC) and all will be good and your side of the story will be believable. That's about the only way other than being a chick that they will believe you at the outset of most domestics
There is a smart answer
__________________
Reply With Quote
  #16  
Old 09-17-2012, 08:07 AM
bushwackin's Avatar
bushwackin bushwackin is offline
 
Join Date: Sep 2010
Posts: 168
Default

Quote:
Originally Posted by FishingMOM View Post
There is a smart answer
He's right, sadly enough a man is guilty until proven innocent, unless you know a cop. All it takes is a lying B**ch and a guy has had it. It happened to a guy I know. It was brutal, even after she admitted she had lied, the cops just dropped it. No recourse for her lies at all.
Maybe you are commenting on the wrong topic perhaps?
Reply With Quote
  #17  
Old 09-17-2012, 08:42 AM
rwm1273 rwm1273 is offline
Banned
 
Join Date: Apr 2011
Location: Deadmonton
Posts: 6,368
Default

Quote:
Originally Posted by countrykid View Post
Even if you legally sell all of your firearms, bill of sale and all, to your buddy for something silly like $50? That is what you sold them for, how could she "create" money?

Not that I am in such a situation, it is just a thought that ran through my head upon reading this.
Some people here still do not understand dissipation of assets. It is very simple that if one partner sells an item for less than it was worth to spite the other partner, then that partner is entitled to compensation. It also works this way if one partner takes money out of the joint bank account after separation, and goes to Mexico. The other partner is entitled to half that money.

So if your ex claims that the guns were worth far more than what you sold them for, and because you sold them to a friend, then the court will assume you gave your friend a great deal. The only way you could possibly prove that you sold them for a reasonable market value would be if you sold them at an auction, or to a gun store for market value.

So if your ex complains that you sold an asset to a buddy for less than what it was worth, then the court most likely will order you to give her compensation for that asset at her claimed value. I have seen it happen. Unfortunately this does not often happen the other way around. We have heard stories of women selling the guy's classic hot rod for next to nothing just to be spiteful, and the courts do nothing about it.
Reply With Quote
  #18  
Old 09-17-2012, 08:53 AM
rwm1273 rwm1273 is offline
Banned
 
Join Date: Apr 2011
Location: Deadmonton
Posts: 6,368
Default

Quote:
Originally Posted by brownbomber View Post
Play beer league hockey or ball with cops, take them out hunting or grow up with one (be friends with a local GRC) and all will be good and your side of the story will be believable. That's about the only way other than being a chick that they will believe you at the outset of most domestics
Often your friend the cop will not be permitted to have anything to do with the case.

I know of several police who have been dragged through the courts. I know one case were everyone knew she made up lies, but despite him being a cop, and having other cops know her stories were full of crap, the guy was still guilty until proven innocent, and this still took a very long time to deal with it, and she still was not punished. His income was garnished with an outrageous spousal support claim, and he was left nearly destitute. It was not until he was able to have a trial on the issue did he get things resolved. However much of the money he paid her prior was gone, so was the money she took from their bank account, and most of his assets left behind after he was removed from the home. Due to her accusations of abuse, he also faced disciplinary action within the force too. Everyone knew the allegations were false, but had to go through the motions just so there would be no doubt, or any allegations of bias.
Reply With Quote
  #19  
Old 09-17-2012, 08:55 AM
FishingMOM FishingMOM is offline
 
Join Date: Jul 2010
Location: Calgary
Posts: 9,599
Default

Quote:
Originally Posted by bushwackin View Post
He's right, sadly enough a man is guilty until proven innocent, unless you know a cop. All it takes is a lying B**ch and a guy has had it. It happened to a guy I know. It was brutal, even after she admitted she had lied, the cops just dropped it. No recourse for her lies at all.
Maybe you are commenting on the wrong topic perhaps?
Not wrong topic at all
I am sick and tired of the games some girls play. They make a mess of the lives of their ex's and their children.

Their behaviour reflects badly on women in general.

Yes while I supported my friend sticking it to her now ex husband, he rightfully deserved it. She is still afraid of what I might say to him or how I might react around him if he comes to a function his kids are at while I am there. As far as I am concerned he is worthless as a human being and she knows I feel this way.
__________________
Reply With Quote
  #20  
Old 09-17-2012, 08:57 AM
bowhunter9841's Avatar
bowhunter9841 bowhunter9841 is offline
 
Join Date: Jan 2011
Location: Edmonton, Ab.
Posts: 2,038
Default

With no registry, she has no proof that he even owns the guns, unless they have copies of receipts, or they are restricted! How can you sell something you never owned??? If she is gonna make up some bs story, why can't he?





Quote:
Originally Posted by rwm1273 View Post
Some people here still do not understand dissipation of assets. It is very simple that if one partner sells an item for less than it was worth to spite the other partner, then that partner is entitled to compensation. It also works this way if one partner takes money out of the joint bank account after separation, and goes to Mexico. The other partner is entitled to half that money.

So if your ex claims that the guns were worth far more than what you sold them for, and because you sold them to a friend, then the court will assume you gave your friend a great deal. The only way you could possibly prove that you sold them for a reasonable market value would be if you sold them at an auction, or to a gun store for market value.

So if your ex complains that you sold an asset to a buddy for less than what it was worth, then the court most likely will order you to give her compensation for that asset at her claimed value. I have seen it happen. Unfortunately this does not often happen the other way around. We have heard stories of women selling the guy's classic hot rod for next to nothing just to be spiteful, and the courts do nothing about it.
__________________
Hunting... The one vice, i'll never give up!
Reply With Quote
  #21  
Old 09-17-2012, 09:08 AM
rwm1273 rwm1273 is offline
Banned
 
Join Date: Apr 2011
Location: Deadmonton
Posts: 6,368
Default

Quote:
Originally Posted by bowhunter9841 View Post
With no registry, she has no proof that he even owns the guns, unless they have copies of receipts, or they are restricted! How can you sell something you never owned??? If she is gonna make up some bs story, why can't he?
Because the courts only believe one liar in court, and that is the one with breasts.
Reply With Quote
  #22  
Old 09-17-2012, 04:04 PM
bigdaddy37 bigdaddy37 is offline
 
Join Date: Apr 2010
Location: Calgary
Posts: 380
Default

Quote:
Originally Posted by rwm1273 View Post
Some people here still do not understand dissipation of assets. It is very simple that if one partner sells an item for less than it was worth to spite the other partner, then that partner is entitled to compensation. It also works this way if one partner takes money out of the joint bank account after separation, and goes to Mexico. The other partner is entitled to half that money.

So if your ex claims that the guns were worth far more than what you sold them for, and because you sold them to a friend, then the court will assume you gave your friend a great deal. The only way you could possibly prove that you sold them for a reasonable market value would be if you sold them at an auction, or to a gun store for market value.

So if your ex complains that you sold an asset to a buddy for less than what it was worth, then the court most likely will order you to give her compensation for that asset at her claimed value. I have seen it happen. Unfortunately this does not often happen the other way around. We have heard stories of women selling the guy's classic hot rod for next to nothing just to be spiteful, and the courts do nothing about it.
What would be the case if firearms were purchased before the marriage? Could ex-wife still claim them as matrimonial assets? Or would she only be able to go after the appreciated value from the date of the marriage forward?
Reply With Quote
  #23  
Old 09-17-2012, 08:10 PM
rwm1273 rwm1273 is offline
Banned
 
Join Date: Apr 2011
Location: Deadmonton
Posts: 6,368
Default

Quote:
Originally Posted by bigdaddy37 View Post
What would be the case if firearms were purchased before the marriage? Could ex-wife still claim them as matrimonial assets? Or would she only be able to go after the appreciated value from the date of the marriage forward?
If he has proof that the guns were purchased before then they would be exempt.
Reply With Quote
  #24  
Old 09-17-2012, 08:49 PM
1899b's Avatar
1899b 1899b is offline
 
Join Date: Oct 2009
Location: Sherwood Park Ab
Posts: 6,282
Default

Try getting an EPO against you, then when it was expired be legally allowed to go back to the matrimonial home to only find it gutted. I'm talking a 2500 sq ft home with 12 years of accumulated goods and assets. Oh the guns were confiscated as well. The only advice I can give is which two lawyers NOT to retain in Edmonton. Even though she turned to drugs and child services caught her and sent her to rehab, the man of the house was to blame. Hope none of you have to experience the wrath of a woman cuz the system bends over for them right left and center.........
Reply With Quote
  #25  
Old 09-17-2012, 08:52 PM
Vigilante Vigilante is offline
 
Join Date: Apr 2012
Location: High River
Posts: 386
Default

The guns shouldn't be able to be matrimonial assets, unless the wife also has a PAL. Unless the wife wants to give up half of her clothes and shoes and such.
Reply With Quote
  #26  
Old 09-17-2012, 08:55 PM
1899b's Avatar
1899b 1899b is offline
 
Join Date: Oct 2009
Location: Sherwood Park Ab
Posts: 6,282
Default

Quote:
Originally Posted by Vigilante View Post
The guns shouldn't be able to be matrimonial assets, unless the wife also has a PAL. Unless the wife wants to give up half of her clothes and shoes and such.

An airplane is a matrimonial asset even if she doesn't have a pilots licence. Trust me on that........
Reply With Quote
  #27  
Old 09-17-2012, 09:07 PM
rwm1273 rwm1273 is offline
Banned
 
Join Date: Apr 2011
Location: Deadmonton
Posts: 6,368
Default

Quote:
Originally Posted by Vigilante View Post
The guns shouldn't be able to be matrimonial assets, unless the wife also has a PAL. Unless the wife wants to give up half of her clothes and shoes and such.
They would be ordered sold and the proceeds split. However more often than not, she claims she is scared because you have guns, and they get confiscated anyways. If you are lucky, you may get them back. I was lucky. Cost me $5K for the lawyer. Had she shown up in court that day, I would not have gotten them back.
Reply With Quote
  #28  
Old 09-18-2012, 08:32 PM
ELKOHOLICS ELKOHOLICS is offline
 
Join Date: Feb 2010
Location: calgary
Posts: 73
Default Loco

You could always beat her to the punch and say she is unstable and you are afraid of her potential actions , they might look at you a bit funny but who cares at that point , any comments made by her at that point might seem like unfounded payback
Reply With Quote
  #29  
Old 09-18-2012, 09:09 PM
sivad34 sivad34 is offline
 
Join Date: Sep 2012
Location: Fort McMurray
Posts: 13
Default

If she claims in ANY way that he was violent, threatened to be violent, or was malicious enough to lie to the authorities, they could suspend his right to posess firearms for 5 years.

Thanks to my father and his ex, I know this to be true...
Reply With Quote
  #30  
Old 09-18-2012, 09:15 PM
sivad34 sivad34 is offline
 
Join Date: Sep 2012
Location: Fort McMurray
Posts: 13
Default

Quote:
Originally Posted by rwm1273 View Post
This is much better advice. Move the guns to a third party, and this will prevent her from claiming she is scared of you and your guns.
Thanks to my previous comment on this thread - I have 16 extra long guns in my cabinet.. Good advice
Reply With Quote
Reply


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 -6. The time now is 09:47 AM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.