I am a victim of domestic violence and the abuser has a gun. Is that legal?
Possibly not. Both federal and Montana state law prohibit certain persons from having and buying guns, and both types of laws can be enforced in Montana. We discuss both on this page.
If you have an order of protection against the abuser, or if s/he has been convicted of a felony or of a domestic violence misdemeanor, then federal law states that it is illegal for the abuser to buy, own or have a gun in his/her possession.* There are certain requirements that your order of protection must meet for it to qualify under federal law. See I have a final order of protection against the abuser. Can his/her guns be taken away? to read more about what those requirements are.
If you are not sure if the abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors? To read the definition of a felony, see What is the definition of a felony?
Also, under Montana state law, if the abuser assaults you with a firearm and is convicted of a crime for this assault, the court may order that the gun used in the assault be taken away and not used by the abuser.**
* 18 USC § 922(g)(8),(9)
** Mont. Code § 45-5-206