An order of protection can limit your access to firearms even when no criminal charge has been filed. The limit can come from the order's own terms under Montana law, from a federal statute that applies to certain orders, or from both. This page explains each. It is part of the firearm section of our Montana Domestic Violence Guide, and it should be read with our page on the difference between a no contact order and an order of protection.
What a Montana Order May Say About Firearms
The statute lists the relief a court may include in a temporary order of protection. One item is "prohibiting the respondent from possessing or using the firearm used in the assault" (MCA § 40-15-201(2)(f)). Another allows "other relief considered necessary to provide for the safety and welfare of the petitioner or other designated family member" (MCA § 40-15-201(2)(j)). A longer order issued after the hearing may include all of the same relief (MCA § 40-15-204(3)).
The listed firearm term is narrow: it names the firearm used in the assault. But the catch-all means an order can say more. What binds you is the text of your order, not a summary of the statute.
The Federal Ban for People Under Qualifying Orders
Federal law makes it unlawful to possess a firearm or ammunition while subject to a court order that meets three conditions (18 U.S.C. § 922(g)(8)):
| Condition | What the statute requires | 18 U.S.C. |
|---|---|---|
| Notice and a hearing | The order was issued after a hearing of which you received actual notice and at which you had an opportunity to participate. | § 922(g)(8)(A) |
| What it restrains | It restrains you from harassing, stalking, or threatening an intimate partner or a child of you or the partner, or from other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child. | § 922(g)(8)(B) |
| A finding or an express term | It includes a finding that you represent 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. | § 922(g)(8)(C) |
A violation is punishable by up to 15 years in prison (18 U.S.C. § 924(a)(8)). This ban does not depend on a conviction, and it is unaffected by the Ninth Circuit's decision about whether a Montana PFMA counts under federal law.
Who Counts as an Intimate Partner
For this paragraph, federal law defines "intimate partner" as a spouse, a former spouse, a person who is a parent of your child, or a person who lives or has lived with you (18 U.S.C. § 921(a)(32)). Montana lets a wider group ask for an order, including family members and, for some offenses, people with no relationship to the respondent at all (MCA § 40-15-102). So some Montana orders fall outside the federal paragraph while still carrying their own firearm terms. Which group your order falls into is a question for a lawyer who has the order in hand.
Temporary Orders and the Hearing
A Montana court can issue a temporary order of protection without prior notice to the respondent, for up to 20 days (MCA § 40-15-201(4)). The federal paragraph, by contrast, speaks of an order issued after a hearing with actual notice and an opportunity to participate. That makes the hearing the point where the federal question usually arises, and where the findings and wording of the order are decided.
Two cautions. First, the temporary order's own terms apply to you as soon as you know of them. Second, a criminal no contact order under MCA § 45-5-209 is a different kind of order. Whether a particular no contact order meets the federal conditions depends on how and when it was issued and what it says, and the statutes we read do not answer that in general terms.
What the Supreme Court Held in Rahimi
In United States v. Rahimi, 602 U.S. 680 (2024), a man subject to a domestic violence restraining order argued that § 922(g)(8) violates the Second Amendment. The Supreme Court disagreed. It concluded: "An individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment." The Court described the disarmament as temporary because the ban lasts only while the order does.
Following the Order
If an order restricts firearms, follow it exactly, and let a lawyer handle any question about how to comply. Do not contact the protected person about firearms or anything else. Every Montana order of protection must state that the respondent is forbidden to do any act listed in the order "even if invited by the petitioner or another person," and that only a court can amend it (MCA § 40-15-204(9)). If the order no longer fits the circumstances, the route is a motion, described on our page about modifying or ending an order of protection.
If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
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. § 922(g)(8). The effect of an order depends on its exact wording. It is not legal advice about your specific case.