In Montana, the question about firearms after a partner or family member assault (PFMA) case is often a question about hunting. There is no single rule. The answer depends on what a Montana court has ordered in your case, whether a federal firearm ban applies to you, and what you plan to carry. This page works through those in order. It is part of the firearm section of our Montana Domestic Violence Guide.
First, Read Your Court Orders
While a case is pending, a judge may order that you not possess a firearm, destructive device, or other dangerous weapon (MCA § 46-9-108(1)(h)). After a conviction, the court may prohibit possession or use of the firearm used in the assault (MCA § 45-5-206(7)) and may prohibit owning or carrying a dangerous weapon as a condition of the sentence (MCA § 46-18-202(1)(b)). An order of protection can carry its own firearm terms.
Those orders apply during hunting season like any other time. A condition written as "dangerous weapon" is not limited to firearms. Montana's criminal code defines a weapon as any instrument readily capable of being used to produce death or serious bodily injury (MCA § 45-2-101), so do not assume archery equipment is outside such a condition. Ask the court, through your lawyer, if the wording is unclear. See firearm conditions in a PFMA sentence.
Second, Does a Federal Ban Apply to You?
Federal law bars firearms and ammunition for several groups, including people convicted of a misdemeanor crime of domestic violence, people convicted of a crime punishable by more than one year, and people subject to a qualifying protection order (18 U.S.C. § 922(g)(1), (8), (9)).
For a misdemeanor PFMA under subsection (1)(a), the Ninth Circuit held in United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), that the conviction does not qualify, because Montana's definition of bodily injury includes mental illness or impairment. The court did not decide the other subsections, and the ruling does not help a person with a felony, a qualifying order, or a qualifying conviction from another state. Our page on whether a Montana PFMA counts under federal law explains the limits.
What Federal Law Treats as a Firearm
If a federal ban does apply, the next question is what it reaches.
| Equipment | Federal treatment | Source |
|---|---|---|
| Modern rifle, shotgun, or handgun | A firearm: a weapon that expels a projectile by the action of an explosive. | 18 U.S.C. § 921(a)(3) |
| Cartridges, primers, bullets, powder | Ammunition, if designed for use in any firearm. Covered by the ban on its own. | 18 U.S.C. § 921(a)(17)(A) |
| Bow or crossbow | The federal definition of a firearm turns on an explosive. That definition does not describe a bow. | 18 U.S.C. § 921(a)(3) |
| Traditional muzzleloader | An antique firearm, and so outside the definition, only if it is designed for black powder or a substitute and cannot use fixed ammunition. | 18 U.S.C. § 921(a)(16)(C) |
| Muzzleloader built on a firearm frame, or convertible | Not an antique. The exception excludes weapons that incorporate a firearm frame or receiver, converted firearms, and muzzleloaders readily converted to fire fixed ammunition. | 18 U.S.C. § 921(a)(16)(C) |
The ban on ammunition stands on its own. A person covered by § 922(g) may not possess cartridges or components even with no gun present. Our page on ammunition and other weapons goes further.
Muzzleloaders: Read the Exception Carefully
The antique firearm exception is real, and it is narrower than many hunters think. The statute asks two questions about any muzzleloader: does the weapon incorporate a firearm frame or receiver, and can it be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or a combination of them? If the answer to either is yes, it is not an antique. Whether a specific model qualifies is a technical question about that model. The statute also does not say whether a Montana court's own weapon condition treats a muzzleloader differently, and the answer there is in the wording of the order.
We are not suggesting anyone rely on this exception without advice. A mistake is a federal felony punishable by up to 15 years (18 U.S.C. § 924(a)(8)).
State Licenses Are a Separate Question
A hunting license and the legal right to possess a firearm are two different things. The PFMA statute says nothing about licenses, and a valid license does not override a court order or a federal ban. If a conviction has raised a question about your license, Montana Fish, Wildlife and Parks administers those rules.
Hunting With Family When You Cannot Carry
People under a ban often ask whether they can still go to camp. The legal issue is possession, which includes constructive possession: the power and intent to exercise control over a firearm that someone else is holding or that is stored nearby. Shared vehicles, tents, and cabins make that a real risk. Our page on living with a gun owner explains the concept, and PFMA and gun rights gives the overview.
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. It does not cover fish and wildlife licensing rules. It is not legal advice about your specific case.