When people hear "gun ban," they think of rifles and handguns. The federal statutes are wider than that on one side, because they cover ammunition and gun parts, and narrower on the other, because they do not cover weapons that are not firearms. Montana court orders follow their own wording. This page sorts out what is covered by what. It is part of the firearm section of our Montana Domestic Violence Guide.
What the Federal Ban Covers
Each paragraph of 18 U.S.C. § 922(g), including the ones for domestic violence misdemeanors, felonies, and protection orders, ends the same way: the person may not possess "any firearm or ammunition." The definitions are in § 921.
| Item | Federal definition | 18 U.S.C. |
|---|---|---|
| Firearm | Any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. Includes a starter gun. | § 921(a)(3)(A) |
| Frame or receiver | Covered by itself, without the rest of the gun. | § 921(a)(3)(B) |
| Silencer or muffler | Covered as a firearm. | § 921(a)(3)(C) |
| Destructive device | Covered as a firearm. | § 921(a)(3)(D) |
| Ammunition | Ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm. | § 921(a)(17)(A) |
| Antique firearm | Excluded: firearms made in or before 1898, certain replicas, and muzzleloaders that use black powder and cannot use fixed ammunition, with exceptions. | § 921(a)(16) |
Ammunition Counts by Itself
A covered person who has no gun but keeps a box of cartridges, or loose primers and powder, is in possession of ammunition. Giving up the firearms but keeping what went with them does not end the problem. A knowing violation of § 922(g) is punishable by up to 15 years (18 U.S.C. § 924(a)(8)). It is also unlawful for anyone to sell or otherwise dispose of ammunition to a person they know or have reasonable cause to believe is prohibited (18 U.S.C. § 922(d)).
What the Federal Definitions Leave Out
The federal definition of a firearm depends on a projectile expelled "by the action of an explosive." It does not describe a knife, a bow, or pepper spray. It also excludes an antique firearm, a term with detailed limits that we cover on our page about hunting after a PFMA conviction.
That is only the federal side. Leaving something out of a federal definition does not make it lawful under a Montana order.
Montana Court Orders Can Be Broader
A Montana judge setting release conditions may order that a defendant not possess "a firearm, destructive device, or other dangerous weapon" (MCA § 46-9-108(1)(h)). A sentencing judge may prohibit an offender from "owning or carrying a dangerous weapon" (MCA § 46-18-202(1)(b)). Montana's criminal code defines a weapon as an instrument, article, or substance that, regardless of its primary function, is readily capable of being used to produce death or serious bodily injury (MCA § 45-2-101).
So the phrase in your order matters more than any list. If it says "firearms," that is one thing. If it says "dangerous weapons," it may reach items that federal law ignores. When the wording is unclear, the safe course is to ask the court for clarification through your lawyer. See firearm conditions in a PFMA sentence and firearms while the case is pending.
Concealed Weapon Permits
A county sheriff issues Montana concealed weapon permits, and the statute lists the grounds on which the privilege may be denied (MCA § 45-8-321(1)). Several can come up in a domestic violence case:
- The applicant is ineligible under Montana or federal law to own, possess, or receive a firearm.
- The applicant has been charged and is awaiting judgment on a crime punishable by incarceration for 1 year or more.
- The applicant has been convicted of a crime punishable by more than 1 year of incarceration.
- The applicant has been convicted of a crime that includes, as an element, an act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or sexual intercourse or contact without consent.
Separately, the sheriff may deny a permit on reasonable cause to believe the applicant may be a threat to the peace and good order of the community, and must generally give a written statement of that cause (MCA § 45-8-321(2)). A permit can be revoked, or renewal denied, if circumstances arise that would require refusing an original permit (MCA § 45-8-323). The PFMA statute ties in directly: the court "may enforce 45-8-323 if a firearm was used in the assault" (MCA § 45-5-206(7)).
Carrying Concealed Without a Permit
Montana's concealed firearm offense does not apply to "a person eligible to possess a firearm under state or federal law" (MCA § 45-8-316(3)). The reverse follows from the text: a person who is not eligible to possess a firearm gets no benefit from that exemption. For a person previously convicted of an offense that could have been punished by more than 1 year, carrying a concealed firearm is punishable by a fine of up to $1,000, up to 5 years in state prison, or both (MCA § 45-8-316(2)). Our weapons charges page covers those offenses.
This page explains Montana and federal law in general as of the 2025 Montana Code Annotated and the current text of 18 U.S.C. §§ 921 and 922. What a court order covers depends on its wording. It is not legal advice about your specific case.