Know the Laws: Montana
UPDATED November 5, 2008
WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. To find help in your state, please click on the Where to Find Help tab at the top of this page.
- More Information and Where to Get Help
- If my abuser's gun(s) is taken away, what will happen to it?
- Who do I notify if I think my abuser should not have a gun?
- What is the penalty for violating the federal firearm law?
- I do not have an order of protection against my abuser, and s/he has not been convicted of a domestic violence misdemeanor or felony, is there anything I can do?
- What will happen if my abuser tries to purchase a gun?
- I received an order of protection through my divorce. Can my ex-spouse have or buy a gun?
- My abuser uses a gun for his job. Does the law still apply?
- What is the legal definition of a gun or firearm?
- I've read through all of this information, and I am still confused. What can I do?
- Guns and Criminal Convictions
- Guns and Protective Orders
- Basic Info
More Information and Where to Get Help
back to topIf my abuser's gun(s) is taken away, what will happen to it?
If your abuser’s gun is ordered to be taken away by your order of protection, it may either be held by the sheriff department in your county, or in some cases, the authorities will allow your abuser to leave the gun with a friend or relative while your protection order is in effect.
If your abuser’s gun is taken by the police because it was used while committing a crime, it will either be sold or destroyed if your abuser is convicted of the crime. If your abuser is not convicted of the crime (found guilty), the gun will most likely be given back to him.
back to topWho do I notify if I think my abuser should not have a gun?
If you think your abuser is violating the federal firearm law, you can call your local police or sheriff department, the State Police, or the Bureau of Alcohol, Tobacco and Firearms (ATF). Let them know that either you have an order of protection against your abuser, or your abuser has been convicted of a felony or domestic violence misdemeanor.
You can find contact information for sheriff departments in your area on our MT Sheriff Department Locations page.
In addition, there are ATF field offices located in Billings and Helena. Their contact information is below:
Billings I Field Office
Resident Agent in Charge
2929 Third Avenue North
Room 528
Billings, Montana 59101
(406) 657-6886
Fax: (406) 657-6885
Helena I Field Office
Resident Agent in Charge
10 W. 15th Street
Suite 2400
Helena, Montana 59626
(406) 441-1100
Fax:(406) 441-1104
You can also find information from ATF online at: www.atf.gov/field/stpaul/mt.htm
For reporting illegal firearm activity: 1-800-ATF-GUNS (1-800-283-4867)
A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. You will find contact information for organizations in your area on our MT Resources page.
Note: Generally, your abuser does not have to have knowledge of the law in order to be arrested for violating the law. If your abuser has a gun or buys a gun in violation of the law, your abuser can be arrested, whether or not your abuser knows he/she was in violation of the law. *
*United States v. Lippman, 369 F. 3d 1039(8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528(S.D. W.V. 1999)
back to topWhat is the penalty for violating the federal firearm law?
Anyone who owns, has or buys a gun in violation of the federal firearm law can be punished by a fine, jail time for up to 10 years, or both. *
*18 USC 924 (a) (2)
back to topI do not have an order of protection against my abuser, and s/he has not been convicted of a domestic violence misdemeanor or felony, is there anything I can do?
If none of these situations apply, you can still make a plan for your safety. See our Staying Safe page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. To find a shelter or an advocate at a local program, please visit the MT State and Local Programs page under the Where to Find Help tab at the top of this page.
back to topWhat will happen if my abuser tries to purchase a gun?
Before purchasing a gun, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). If your abuser has a qualifying order of protection against him, or has been convicted of a felony or domestic violence crime, those records should be in the NICS, which should prevent your abuser from buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system.
If your abuser is able to purchase a gun, you can alert the police, and ask that his/her gun be taken away. Generally, it is not a good idea to assume that because your abuser was able to buy a gun, it is legal for him to have one. The criminal background check system is not foolproof.
Note: There may also be some loopholes in the law that your abuser can take advantage of. For more information, you can contact a local domestic violence organization in your area. Go to our MT State and Local Programs page to find an organization near you.
back to topI received an order of protection through my divorce. Can my ex-spouse have or buy a gun?
If the language that is used in the order of protection does not specifically restrain the abuser from "physical force involving bodily injury," as required under federal law *, then the federal gun law might not be enforceable, and your ex-spouse may still be able to have a gun.
*18 USC 922(g)(8)(c)
back to topMy abuser uses a gun for his job. Does the law still apply?
Maybe. If your abuser is a law enforcement officer, military employee or government official, then s/he might be able to continue to use their gun for work purposes, but not for personal use. However, if your abuser has been convicted of a felony or a domestic violence misdemeanor, then under federal law, your abuser cannot buy or have a gun, even if s/he is a police officer or a military employee. *
If you are confused or not sure whether your abuser can still use their gun for work purposes, you can talk to a domestic violence advocate in your area or call the National Center on Full Faith and Credit to find out more information: 1-800-903-0111.
To find a domestic violence advocate ior organization in your area please visit MT State and Local Programs page under the Where to Find Help tab on the top of this page.
*18 USC 925 (a)(1)
back to topWhat is the legal definition of a gun or firearm?
A gun or firearm is defined by federal law to mean any weapon that is designed to fire a bullet or other projectile by means of an explosive. A firearm silencer or muffler is also included in the definition of a firearm, as is a destructive device and ammunition. * The federal definition of a firearm does NOT include antique firearms, which is any firearm manufactured in or before 1898.**
To read the exact legal definition of a firearm, as it applies to the federal firearms statute, please see 18 USC 921. This law can be found on the US House of Representatives website through http://uscode.house.gov/.
*18 USC 921(3)
**18 USC 921(16)
back to topI've read through all of this information, and I am still confused. What can I do?
Trying to understand both Federal and State law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.
- You can write to our Email Hotline.
- You can contact a local domestic violence organization in your area (See our MT State and Local Programs page).