WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Legal Information: Montana

State Gun Laws

Updated: 
December 8, 2020

If the abuser's gun is taken away, what will happen to it?

Montana requires a peace officer responding to a call about an abuser assaulting a partner or family member to take the weapon used or threatened to be used in the incident.1 The weapon may not be returned to the abuser until:

  • the offender has been acquitted; or

  • a judge orders that the weapon be returned.2

Montana does not require an officer to remove firearms or require the abuser to surrender firearms when a domestic violence order of protection issued against the abuser.3

1 Mont. Code § 46-6-603(1)
2 Mont. Code § 46-6-603(3)
3 Giffords Law Center

Legal Information

© 2008–2020 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.