View Full Version : felons and guns (I need help)


bb8252
03-02-2008, 02:53 PM
I have no idea if anyone can help me with what I need to know but I have looked all over the web and I thought maybe somebody would be able to ge me some correct information. I have been married to my husband for 11 years and 20 years ago he shot his ex wife for leaving him . She didn't die but they worked out a deal and she walked away with everything nad he was convicted of attempted murder and only recieved 2 years probation. I have known him for may years but never knew his family and I always believed him when he said it was an accident and the gun went off. He has never acted in any way to scare me. He loves rifles and guns and has built custom guns for people for years before and after I marrried him. 2 years into our marriage he had a terrible accident and recieved a brain injury. He did not know my name for a year and still says he doesn't even remember before then. He is pretty slow but the one thing he never forgot was how to build guns. After the accident we were broke because he had no job so I sold my beautiful 4500 sft home and moved into his 1200 sq ft house and lived off of my house money while I was suing the company that hit him. He received an ok settlement that gives him an annuity every month until he dies and we got $50,000 lump sum after we paid the lawyers. I took the money and put it down on a house in the country that is very nice but not that nice. Even though the settlement was written to both of us I have never even thought of claiming any of it because I figure he had to give up his mind for it. So all these years he has just driven around all day and drank coffee at the local store and worked on guns for people when he wants too. I have no idea what he made or done and have never asked. About 4 years ago he decided he hated the house in the country and wanted to go live in town. While I was gone he moved his clothes there so I turned on everything and he just started living there. He would drive up 20 times a day to my house and just sit and stare and then leave again. I have my own business and I work from home as an artist. I have never asked for a dime of his check that comes in for anything that has anything to do with my house or myself. I have paid taxes on both homes and all his insurance and everything out of my income while he has run around trying to remember some gossip someone told him. I have been depressed over this for years but I just blocked it out of my mind because I have felt sorry for him and felt like I would be a terrible person to divorce him. Then one day I stopped at the bank to cash a check and I was told that there was no money and he had closed the account. I couldn't believe he would even go into the bank. Then I went to his house to find out if he knew and he told me he figured out I am the enemy and he had filed for a divorce. One side of me was and is relieved but I was also hurt and shocked. Come to find out he ran into some of his relatives. They had come one time to visit when he was in the hospital and I had invited them to come to our house. We have never heard from them again. Apparently they think he is wealthy or something and started talking to him and telling him what all he would have if he got a divorce. That he could buy a new truck and have unlimited money. His doctor called and said his siter and retained his power of attorney and she is in charge of everything. I had never tried to get power of attorney because I was just working trying to make ends meet. Then come to find out, I go to a lawyer and he tells me they want me to sell my home and give him half of the money. I only owe 25,000 and my home is worth 250000. I also had 60000 I had put in but my lawyer says that since my earnings from the house and the 60000 went into our account for us to live then it is community property and so is the house. But since his home was his before we married I have no rights to it. This is really hard for me to take because it never even crossed my my that he would even think of this. Then I find out his family is a bunch of rednecks and they are sending all kinds of threats my way and called and had anything that was in his name turned off (my lights and water) and I had to go through all the hassle of that. I went to try to ask him what the deal is and he acted like a different person and was violent and aggressive. I am wondering about the prior shooting and all sorts of other things. Then someone told me it is against the law for someone with a felony to have a firearm.What I am wondering if anyone would know is if he has been building custom guns without a license for all these years is there anything that could be done to him if the people he had done it for are subpeonaed. I just wish I had something to come back with that would shut these people up and make them leave me alone. Would I have reason to file any restraining order since he has never hit me ?We live in Texas. My lawyer just says take the loss and get out but that is easy for him to say. I know this is a long letter but if you took the time to read it please give me your input.
Thanks BB

AmyLynn
03-02-2008, 03:17 PM
As far As I know it is against the law for a felon to have a gun.

scooter05
03-02-2008, 03:22 PM
I know in California it is a felony for a felon to posses a weapon, my man is in for it right now. Got 8 for having an unloaded weapon in his car.

robby340
03-02-2008, 04:00 PM
Follow your lawyers advice. It would probably be best to cut your losses and move on. Going after an admittedly mentally challenged person in court for any crime is generally discouraged here @ PTO, I do not see why this should be any different. Then there is the whole other fact that you would be doing it just to get back at him, which might make you happy, but is it really the right thing to do? There is a great chance if this were to drag out for years your legal bills would be so great there would be nothing left. If he or his family contact you after the divorce is final (being his sister has power of attorney she MIGHT be able to contact you regarding his divorce for now) then you should move forward with a no-contact order.

nimuay
03-02-2008, 04:55 PM
You'll have to take this through the lawyer and possibly mediation, to finalize what is yours, what is his and so forth. Get all your receipts and you can probably find a way to deal with feeling so very "robbed" by his behavior.
As to the attempted murder conviction and getting off with just probation, I think I'd try to get more concrete information on that one. Sounds like a very light sentence for a felony - so something else may have gone on there. Once you find out what, you will know whether or not his gun-making is a problem. I do agree that having a TBI victim with a prior history of violence and guns is a potentially huge problem, for lots of people, and definitely for you!

scooter05
03-02-2008, 07:18 PM
BTW, just because you bought that home after you are married does not necessrily make him entitled to it because he also owns a home in his name. When you file your divroce papers there is what is called and "Income and Expense Declaration", you will ist the income that he had come in and the monthly income he recives from the settlement. You will also list property and he will have to list his property. So he is not necessarily entitled toy our home. if i can make a recommendation though, start the sdivorce proceedings and see if you can just agree to your home and he keeps his home. Do not ask for alimony an walk away, your divorce will be done faster and you will not hae to deal with him. From what you posted you financially were making it without touching his money so you wil do it again. When you go to court for your divorce bring up the gun issue in court, don't bring it up to him and don't try and get vindictive if you feel that what he did to his first wife was not an accident.