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Legal Information: Montana

State Gun Laws

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Updated: 
May 1, 2019

The abuser did not show up for the order of protection hearing. Can his/her gun still be taken away?

Maybe. The abuser does not have to come to the hearing in order for the federal law to apply to him/her, but s/he does have to be given notice of the hearing and an opportunity to attend.1

If no hearing is scheduled, and/or no notice is given to the abuser about the court hearing, then the federal firearm law likely may not apply to the abuser.2

Also, under Montana state law, a respondent can be prohibited from using a firearm as part of a temporary or final order if a gun was used in an assault against you.3

1 18 USC §922(g)(8); See, for example, United States v. Bunnell, 106 F. Supp. 2d 60 (D. Me. 2000), aff’d 280 F. 3d 46 (1st Cir. 2002)
2 See, for example, United States v. Spruill, 292 F. 3d 207 (5th Cir. 2002)
3 Mont. Code §§ 40-15-201(2); 40-15-204(3)