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Legal Information: Montana

State Gun Laws

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Updated: 
May 1, 2019

I have a temporary order of protection against the abuser. Can his/her guns be taken away?

Maybe. You can ask the judge to put in your temporary order that the abuser cannot have a gun while you are waiting for a full court hearing.  The judge is allowed to order this if a firearm was used or threatened in an assault against you.1 

However, if there is no specific mention of a firearm restriction in the temporary order, and the judge gave you an ex parte temporary order of protection (which means that no advance notice was given to the abuser), which is commonly done, it could still be LEGAL for him/her to have a gun under federal law.  However, if the judge scheduled a court hearing and gave notice of the hearing to the abuser before giving you the temporary order of protection, it is possible that it is ILLEGAL for him/her to have a gun under federal law.  The order of protection must also meet certain other requirements, though. Read I have a final order of protection against the abuser. Can his/her gun be taken away? to find out more.

1 Mont. Code § 40-15-201(2)(f)