By Kevin T. Lake

 

Step 1 – Identify All Firearms

• Make a complete list of all firearms you own.
• Include:
• Make, model, and serial number
• Purchase date and price
• Proof of ownership (receipts, bill of sale, inheritance documents)

 

Step 2 – Determine Property Classification

• Marital Property → Firearms purchased during marriage (even if only one spouse used or paid for them).
• Separate Property → Firearms owned before marriage or received as a gift/inheritance.
• Keep supporting documentation to prove classification.

 

Step 3 – Get a Fair Valuation

• Have guns appraised by a reputable gun dealer or appraiser.
• Document the value for divorce proceedings—value may be offset with other property.

 

Step 4 – Review Protective Order Risks

• If there’s any chance your spouse may seek an Order of Protection:
• Understand that such an order may legally require you to surrender firearms.
• Federal law prohibits possession if subject to certain restraining orders or domestic violence convictions.

 

Step 5 – Secure Storage During Divorce

• Use a locked gun safe or secure storage location.
• If tensions are high, consider temporarily transferring firearms to:
• A trusted third party
• A Federal Firearms License (FFL) holder
• A secure storage facility that handles firearms

 

Step 6 – Handle Transfers Legally

• In Missouri, private transfers do not require background checks, but:
• Federal law applies for interstate transfers.
• If selling or transferring to another person, follow all applicable laws to avoid potential criminal charges.

 

Step 7 – Coordinate With Your Attorney

• Provide your lawyer with:
• Complete firearm list & documentation
• Any court notices relating to gun rights
• Information on storage or transfers already made

 

Step 8 – Confirm Firearm Rights After Divorce

• Once the divorce is finalized:
• Check the final decree for any firearm restrictions or property division orders.
• If you were subject to an order of protection, confirm with your attorney when and how your rights are restored.