Mount Pleasant, TN asked in Divorce for Tennessee

Q: Is it lawful for an Attorney to request a gun be returned if they know there is a domestic assault on record in TN

When the client meets with his Attorney his prior arrest record is mentioned as is the gun. The Attorney reassured her client that it will be his at the end of the Divorce. When the gun is sold by the spouse because it was unlawful for him to have to begin with, and she is in need of money. The man informs his Attorney of what has happened. His Attorney sends a letter to opposing Council requesting that it be returned due to its sentimental value. Opposing Council informs the man's Attorney of her clients assault conviction that has been made available by the TBI. So then they go to plan B. The Attorney then tells her client off record that it will be requested that the gun be given to a family member. Her client informs his wife of this. He says that he may have a son of a daughter some day that it maybe passed down to. So what the wife is hearing but actually isn't being said is that her husband expects to have the gun returned to him once again by a family member he has chosen

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: It appears the Wife dissipated separate property of the Husband, probably in violation of a

Statute. She might even be criminally charged for Theft. If the firearm goes to someone else other than the Husband, there is no violation of the firearm disability.

Paul E. Tennison agrees with this answer

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