Generally, the ATF is not going to investigate a marital property dispute involving a gun. That’s not what they do. There would have to be a federal firearm crime nexus. If ex tells the full story to local police, they probably aren’t going to mess with it, either.

If ex has the serial number and he omits a few facts about the circumstances and makes a stolen gun report, the gun may end up being entered stolen NCIC, which could create some issues down the road if you, your wife or any good faith purchaser/possessor gets stopped with it and the serial number is run. The ex still could end up in a bureaucratic hassle of where to report it, depending on where he says it was at the time he claims that it was “stolen.” This also impacts the location of any civil litigation to deal with the issue. If treated as an adjunct to the property settlement, it may have to be litigated where the property settlement occurred. If the place of property settlement and the place where the gun was abandoned are not the state where the ex currently resides, the hassle factor on the ex may be increased.

If a lawyer has to get involved, it would be easy to spend more than the gun is worth. In a war of attrition, though, the ex may have to spend a lot more.

Just some stuff to think about.


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