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Legal Information: Montana

State Gun Laws

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May 1, 2019

Is there anything I can do to make it more likely that the abuser's gun is taken away when I get an order of protection?

While it does not need to be written on your order of protection that your abuser cannot buy or have a gun in order for the federal law to be enforced, it may make it easier if it is written.

Here are some suggestions of what you may want to do:

  • If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever threatened you with a gun(s).
  • Ask the judge to indicate on the order of protection form that the abuser (respondent) must surrender his/her guns and/or that the respondent’s firearm license is suspended or revoked. If the judge agrees to do so, look to make sure that this is indicated on your order before leaving the courthouse.

If the judge takes away the guns, you may also want to ask the judge to:

  • Require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them.
  • Explain what will happen to the abuser’s guns (where they will be held, etc.).
  • Make it clear to both you and the abuser how long the guns will be kept away from the abuser.
  • Order that the police notify you when the guns are returned to the abuser.