Montana

Montana Law

Montana Domestic Violence Firearm Purchase and Possession Prohibitions

Montana does not broadly prohibit the purchase and possession of firearms or ammunition by persons convicted of misdemeanor crimes of domestic violence. The court may prohibit an individual convicted of partner or family member assault* from possessing the firearm used in the assault.1 Additionally, the court may have the county sheriff in the convicted individual’s county of residence revoke or deny renewal of a concealed weapons permit if a firearm was used in the assault.2

Montana does not broadly prohibit purchase and possession of firearms or ammunition by persons subject to domestic violence orders of protection. A court issuing a temporary order of protection or a final order of protection may prohibit “the respondent from possessing or using the firearm used in the assault[.]”3

MONTANA DOMESTIC VIOLENCE ORDER OF PROTECTION FIREARM REMOVAL

Civil Domestic Violence Orders of Protection that Require Removal

Montana does not require removal of firearms or ammunition from subjects of domestic violence orders of protection; however, a court issuing a temporary order of protection or final order of protection may order “other relief considered necessary to provide for the safety and welfare of the petitioner or other designated family member.”4

Individuals Who May Petition for an Order of Protection

1. A person is eligible to file a petition for an order of protection if:
2. The petitioner is in reasonable apprehension of bodily injury by the petitioner’s partner* or family member;*4
3. The petitioner is a victim of one of the following offenses committed by a partner or family member:
   1. Assault;
   2. Aggravated assault;
   3. Intimidation;
   4. Partner or family member assault;
   5. Criminal endangerment;
   6. Negligent endangerment;
   7. Assault on a minor;
   8. Assault with a weapon;
   9. Strangulation of a partner or family member;
   10. Unlawful restraint;
   11. Kidnapping;
   12. Aggravated kidnapping; or
   13. Arson.6
4. The petitioner is the victim of an assault, aggravated assault, assault on a minor, stalking, incest, sexual assault, or sexual intercourse without consent;7 or
5. The petitioner is a partner or family member of a victim of deliberate homicide or mitigated deliberate homicide.8

Penalties for Violation

A respondent who purposely or knowingly violates an order of protection shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both, for a first offense.9 Upon conviction for a second violation, a respondent shall be fined not less than $200 and not more than $500 and be imprisoned in the county jail not less than 24 hours and not more than 6 months.10 Upon conviction for a third or subsequent violation, a respondent shall be fined not less than $500 and not more than $2,000 and be imprisoned in the county jail or state prison for a term not less than 10 days and not more than 2 years.11