Legal Question in Criminal Law in Tennessee

Can I get it back?

So my dad died when I was 8. He

was really into hunting and left my

sister and I his best hunting guns. He

left me his 30 ott 6 and left my sister

his other one... I don't remember

what that one's called, but it was also

HIS fathers. I live out of state, so my

gun is kept at my moms house. Well,

my sister's dating this guy and he

and his dad are hunters. My sister

gets this brilliant idea to sell our

guns. WITHOUT talking to me. She

wasn't even going to tell me or send

me any of the money until my mom

found out this morning. And the

assholes completely took advantage

of her, only giving her $150 for BOTH

guns. I know nothing about guns,

but my mom says they're worth at

least 4 x's as much. ANyways... my

mom made her call them up and tell

them we wanted the guns back, and

her boyfriend says they're not going

to give them back because they've

already had them refurbished, which

we know they're lying about. So

anyways, I was just wondering what

my chances are of getting my gun

back? Because technically MY gun is

'stolen', right?


Asked on 11/30/08, 10:40 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Can I get it back?

If the gun which was yours was improperly sold to someone else by your sister who had no claim of ownership to it then it was not "stolen" but likely

what the law considers a conversion and you should file what's called a Warrant in Detinue in the local general district court for the return of your property and request a judgment against the wrongful withholder for its fair market value (less the value of the refurbishments if such have occurred)in the alternative if for some reason the gun cannot be returned

Read more
Answered on 11/30/08, 11:17 am


Related Questions & Answers

More Criminal Law questions and answers in Tennessee