By Ryan L. Munro

Divorce can be complicated, and when firearms are involved, the stakes can get even higher. In Missouri—a state with strong protections for gun rights—navigating the intersection of firearm ownership, marital property division, and legal restrictions requires careful understanding of both family and firearm laws.

1. Missouri’s Gun Ownership Laws

Missouri is a “constitutional carry” state, meaning most adults over 19 (18 if you are in the military) can own and carry firearms without a permit. There’s no state registration requirement for guns, and private sales don’t require background checks under current state law. However, federal firearm laws still apply, particularly when it comes to individuals prohibited from owning guns.

2. Guns as Marital Property in Divorce

In Missouri, property acquired during a marriage is generally considered marital property—regardless of whose name is on the bill of sale. This means that if firearms were purchased during the marriage, they may be subject to division in a divorce. Key points to consider:

• Ownership Records – Receipts, serial numbers, and other proof of purchase help establish whether a firearm is marital or separate property.
• Valuation – Guns are appraised based on fair market value, and that value can be used to balance property division, even if the actual firearm stays with one spouse.
• Sentimental or Heirloom Guns – Firearms passed down through family may be considered separate property if acquired before marriage or through inheritance.

3. Protective Orders and Firearm Restrictions

If a divorce involves allegations of domestic violence, Missouri courts can issue an Order of Protection. Such orders can require an individual to surrender firearms temporarily. Federal law also prohibits firearm possession for individuals subject to certain restraining orders or convicted of domestic violence misdemeanors.

4. Safeguarding During the Divorce Process

When tensions run high, guns in the home can create additional safety concerns. Practical steps include:

• Safe Storage – Use a gun safe or trigger locks to prevent unauthorized access.
• Temporary Transfer – In some cases, voluntarily transferring firearms to a trusted third party or licensed dealer until the divorce is finalized can help avoid legal or safety issues.
• Clear Communication – Legal counsel should be informed about all firearms involved to ensure compliance with both state and federal laws.

5. Getting Legal Help

Because both family law and firearm regulations have serious legal consequences, divorcing spouses in Missouri should consult attorneys familiar with both areas. Missteps—such as violating a protective order or mishandling firearm transfers—can lead to criminal charges.

Missouri law makes it relatively easy to own and carry firearms, but divorce changes the legal landscape in ways that can surprise even experienced gun owners. Protecting your rights while ensuring safety requires a balance of legal strategy, responsible gun handling, and clear documentation.