This is long but the facts need to be detailed
State: New Mexico
Weds 9 sept 2009
My daughter in law finds out my son is talking to an attorney about how he should file for divorce, while he is at work by hacking into his email account, ( yes he was dumb to not have it better protected). The mother in law (MIL) that is staying with him for a short time, freaks out because her daughter is now running around the house screaming and yelling I am sure some juicy tid bits. The MIL takes/retrieves/steals from the house safe, his 9mm H&K pistol, loaded with range ammo (2 mags of 16 rounds) and hides it for fear of what her daughter might do.
5:30 Pm Son arrives home to find his wife yelling and screaming and throwing a fit.
Son leaves her alone and goes inside the house, where MIL confronts him and says she has his pistol because she is afraid that her daughter might shoot him or herself ( I wish she had, done her self in it would have saved me a bunch O money). He asked the MIL for the pistol back so he can take it to a friends house (FFL) to store it in his safe until, I arrive from Texas to take possession of it.
She refuses, and states it in a safe place that her daughter can't get to. ( a LIE)
I tell him he needs to go see a policeman and let them know what has transpired and the pistol is now possibly in the hands of a deranged person.
He fixes diner for the children and gets em ready for bed.
After the kids are asleep he tries to have a civil talk with his wife, it goes bad and he walks back in the house and locks his bedroom door and goes to sleep, for a short time.
Around 1:00 AM he is awakened by loud music and stomping on the upstairs floor by his wife.
2:00 Am ish she does it again.
5:30 AM he awakens and gets ready for work
Thursday
works all day
comes home and asks MIL for the pistol again. She refuses.
He calls the police, they are not concerned. ( i will explain later)
He goes to bed and the routine of waking him up every hour or so repeats itself.
Friday 5 am he gets up for work.
wife asleep on couch
he wakes up wife with vacuum cleaner by her head, as he leaves the house ( i would have dipped her hand in warm water to)
Works all day
stops by the police station on the way home. they told him not to worry and they would be out later.
6 pm ish office shows up to the house.
MIL is questioned about he gun and she tells the police she didnt take it. Wife tells police she has it and its safe, she also tells said police that she filed a Restraining order and a domestic violence order at the court earlier that day. He has not been served yet, nor does he know this information and the police don't bother to tell him or serve the order.
Policeman tells my son the pistol is community property and she is entitled to keep it if she wants.
Son tells police how she has been enraged and he is fearful for the safety of his child as well as him self.
NOTE: pistols can not be community property, the value of said weapon can, but not the firearm. ( I know this because I am applying for my FFL and have been researching community property laws)
Police did no NICS check, or any other background check before allowing wife to take possession of it. She has a history of mental issues and is very unstable, she also has a history of over medicating with prescribed amphetamine based prescriptions, police arent interested.
7 pm ish police leave
son calls me and i am stunned
son gets kids ready for bed and he himself goes in his room , locks the door and tries to get some rest
he is awakened again by stomping on the floor above him, loud music .
he is awakened again, by her picking the lock
she runs into the room and jumps on bed with what he thought was a gun, but it was a cell phone. she says to him, DONT WORRY i have the gun.
she leaves and he locks the door.
this happens three more times
Sat morning he gets his child up, so he can take her to gymnastics, but the wife tells him she is leaving with the kids and he is not invited.
he finds his computer to be wiped out, yep its dead, wont boot nor stay on.
He goes and gets wifes computer and locks it in his jeep
SHE freaks and starts yelling at him in the street,
he leaves and doesn't come back for a while
he left her the keys to his truck, but she wont drive it , so she had to stay home all day.
Sat night
same routine
Sunday morning we are still 6 hrs away,
he goes to leave for a day with his daughter and she presents him with his work (government phone) and proceeds to erase all the contacts and then tries to bash it with a hammer, before he snatches it back.
He calls police and she does to and says he PUSHED her. ( this i doubt happened) it is more likely she pushed him, she is a trained killer from the army.
police arrive and she dances around the garage telling the police she is abused.
they tell him he has to leave his home,
I am on the phone and here the words, so i ask to speak to the police and tell em whats been going on for the past half week, they don't care and tell him he needs to leave but can come back later to say good night to his daughter.
they wont let him leave in the jeep, she told them she cant drive the truck and its undependable, ( it doesn't always start right up), so they make him leave the jeep, and also make him leave the wifes computer because its community property.......he offers to leave her the other one that she destroyed, they say NO
6 pm sunday we arrive in town and i call the desk sargent and ask what the heck in a nice way.
he tells me to stay out of it and I ask if i can see my grandchild because now she is alone with a messed up person
he says NO
I ask why
he has no answer
so i tell him my son wants me to move in to his house to watch his daughter,
I am crippled and walk with a cane.
we park in the empty house driveway and i stumble over and ask where is SGT gonzales/rodriguez ( forgot the name)
He pipes up ad i say i need to sit down and talk to him.
So we go to my car
he stands by the door and i sit and ask him what is going on
he explains the protection order and how he can GIVE the pistol to my Daughter in law because its community property, i asked him if New Mexico is part of the united states, he says yes
then i ask him in a calm voice, who did the background check on my DIL when they gave her the pistol? He said no one, so I asked again is NM part of the US
he says he is tired of that question
so i elaborate the subject and how she is mental and unstable and he left a LOADED firearm in the house with tow children and my son and if they had been shot it would be not looking good for him.
SOOOOOO
they quickly see the error and tell us we must leave and not to return and my son will be served on Monday.
I try to tell them where we are staying in town
then one nice officer asked me to go and he didnt want to know where i was staying.
monday comes he is served,
my wife and I are also named on the PO. but we don't get served, DIL put our address as the same as hers and our work as where my son works
the police also tell us if we are worried about my grand child we can request a health/welfare check and the police will go check on her.
I call em and they get mad because i remind them I am only doing what they told me to do if i am worried. later my attorney advise me to stop for a few days.
court comes and we are still not served so the judge tells my sons attorney that we are not party of this PO and wanted to know who was the court that put three people on the same PO, its wrong.
Soooo
who should i fire up about handing over a firearm to a UNCHECKED person.
edits for spelling
