Firearms While a PFMA Case Is Pending

While a Montana partner or family member assault (PFMA) case is pending, your access to firearms can be limited in up to five ways: a weapon seized at the scene, a no-firearms condition of release, a civil order of protection, a federal rule about qualifying protection orders, and a federal rule about pending felony charges. None of them is the conviction-based ban most people have heard of. This page explains each, as part of our Montana Domestic Violence Guide.

The Rules at a Glance

Seizure at the Scene

"A peace officer who responds to a call relating to partner or family member assault shall seize the weapon used or threatened to be used in the alleged assault" (MCA § 46-6-603(1)). The word is "shall," so the officer has no discretion about that weapon. The statute speaks to the weapon involved, not to every firearm in the house.

A weapon seized under this section "may not be returned to the offender until acquittal or until the return is ordered by the court" (MCA § 46-6-603(3)). Asking the agency for it back while the case is open will not work without a court order. See weapons seized at the scene.

Release Conditions That Bar Possession

Among the conditions a Montana court may impose on pretrial release is that, "if applicable, the defendant may not possess a firearm, destructive device, or other dangerous weapon" (MCA § 46-9-108(1)(h)). It is not automatic under the statute. It is in force if it appears in your written release order, and a release order must state its conditions in writing (MCA § 46-9-110).

If the condition is there, it covers possession, not only carrying. Comply fully and promptly, and ask your lawyer exactly what the court expects you to do with firearms you own. Do not guess, and do not look for an arrangement that leaves you with practical access. A violation can lead to revocation of release and arrest (MCA §§ 46-9-503(1), 46-9-505). Our page on living with a gun owner addresses households where someone else owns firearms.

Orders of Protection and 18 U.S.C. 922(g)(8)

If the other person obtains a civil order of protection, Montana law allows the order to prohibit possessing or using the firearm used in the assault (MCA § 40-15-201(2)(f)). Federal law can go further. Under 18 U.S.C. § 922(g)(8), a person may not possess any firearm or ammunition while subject to a court order that:

• was issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate;
• restrains the person from harassing, stalking, or threatening an intimate partner or a child of the partner or person, or from other conduct that would place an intimate partner in reasonable fear of bodily injury; and
• either includes a finding that the person represents a credible threat to the physical safety of the partner or child, or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against them.

"Intimate partner" has its own federal definition: a spouse, a former spouse, a person who is a parent of the person's child, and a person who cohabits or has cohabited with the person (18 U.S.C. § 921(a)(32)). That is narrower than Montana's definition of partner or family member.

The United States Supreme Court upheld this statute against a Second Amendment challenge in United States v. Rahimi, No. 22-915 (decided June 21, 2024), holding that a person found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed. Whether a particular Montana order meets the three requirements depends on how it was issued and what it says. See orders of protection and guns.

Felony Charges and 18 U.S.C. 922(n)

Federal law makes it unlawful for a person "under indictment for a crime punishable by imprisonment for a term exceeding one year" to ship or transport a firearm or ammunition in interstate commerce, or to receive one that has moved in interstate commerce (18 U.S.C. § 922(n)). "Indictment" includes an information, the charging document a prosecutor files in court (18 U.S.C. § 921(a)(14)).

Two points follow from the text. First, the section covers shipping, transporting, and receiving. It does not use the word "possess." Second, it turns on the possible punishment. A first or second PFMA carries a maximum of one year in county jail (MCA § 45-5-206(3)(a)), which is not more than one year. A third or subsequent PFMA carries up to five years, and strangulation of a partner or family member carries up to five years on a first offense (MCA § 45-5-215), so a person charged with either should assume this federal limit applies and should not buy or otherwise acquire a firearm. See is PFMA a felony.

How This Differs From a Conviction

The rule most people mean when they talk about losing gun rights is 18 U.S.C. § 922(g)(9), which bars possession by anyone convicted of a misdemeanor crime of domestic violence. It applies after a conviction, not during the case. That is why the judge at the initial appearance must tell every defendant that conviction may result in the loss of various firearm rights under state and federal law (MCA § 46-7-102(1)(f)). The federal rule applies only to a conviction that meets the federal definition. In United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), the Ninth Circuit held that the bodily injury form of PFMA, MCA § 45-5-206(1)(a), does not, and it did not decide the other subsections (see does a Montana PFMA count under federal law).

What happens to gun rights at the end of the case is one of the most important factors in deciding how to resolve it. Our pages on the federal Lautenberg ban and PFMA and gun rights explain the conviction rules.

Practical Points While the Case Is Open

• Read the release order, any no contact order, and any order of protection for firearm terms. Each is a separate order.
• If an order bars possession, follow it exactly and ask your lawyer how to comply.
• Do not buy, borrow, or accept a firearm while a felony charge is pending.
• If your work requires a firearm, tell your lawyer immediately. See your job after a PFMA arrest.
• Requests to change a firearm condition go to the court, not to the arresting agency.

This page explains Montana and federal law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.