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Legal Information: Montana

State Gun Laws

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