A partner or family member assault (PFMA) case can limit your access to firearms at several points, and not all of them depend on a conviction. Some limits come from a Montana judge and last only as long as an order or sentence. Others come from federal law. This page is the overview for the firearm section of our Montana Domestic Violence Guide, and it links to a page on each piece.
Five Places a Firearm Restriction Can Come From
| Stage | What the law says | Source |
|---|---|---|
| Arrest | The officer must seize the weapon used or threatened in the alleged assault. | MCA § 46-6-603(1) |
| Release before trial | The court may order that you not possess a firearm, destructive device, or other dangerous weapon. | MCA § 46-9-108(1)(h) |
| Order of protection | A Montana order may bar possessing or using the firearm used in the assault. A qualifying order also triggers a federal ban while it lasts. | MCA § 40-15-201(2)(f); 18 U.S.C. § 922(g)(8) |
| Misdemeanor PFMA sentence | The court may prohibit possession or use of the firearm used in the assault, and may bar owning or carrying a dangerous weapon as a sentence condition. | MCA §§ 45-5-206(7), 46-18-202(1)(b) |
| Misdemeanor conviction, federal law | The federal ban applies only if the offense meets the federal definition. The Ninth Circuit has held that § 45-5-206(1)(a) does not. | 18 U.S.C. § 922(g)(9); United States v. DeFrance |
| Felony conviction | Federal law bars firearms and ammunition after a conviction for a crime punishable by more than one year. | 18 U.S.C. § 922(g)(1) |
Before Any Conviction
An officer who responds to a PFMA call must seize the weapon used or threatened in the alleged assault, and it may not be returned until acquittal or a court order (MCA § 46-6-603). At the first court appearance, the judge may add a release condition that you not possess a firearm or other dangerous weapon (MCA § 46-9-108(1)(h)). Those orders bind you whether or not you are ever convicted. Our pages on firearms while the case is pending and getting seized guns back cover that stage.
A civil order of protection is a separate track. See orders of protection and guns.
What a Montana Sentence Can Do
The PFMA statute lets the court prohibit an offender from possessing or using the firearm used in the assault (MCA § 45-5-206(7)). More broadly, a sentencing judge may prohibit an offender from owning or carrying a dangerous weapon when the judge finds it necessary for rehabilitation and the protection of the victim and society (MCA § 46-18-202(1)(b)). These are conditions of a sentence. Violating one can lead to revocation, so the written judgment controls.
The Federal Misdemeanor Ban
Since 1996, federal law has made it a crime for anyone convicted of a "misdemeanor crime of domestic violence" to possess a firearm or ammunition (18 U.S.C. § 922(g)(9)). The definition requires an offense that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a person in a listed relationship (18 U.S.C. § 921(a)(33)(A)). Our page on the federal Lautenberg ban walks through it.
What DeFrance Decided, and What It Did Not
In United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), the Ninth Circuit reversed a federal firearm conviction that rested on a Montana PFMA. The court held that because Montana defines "bodily injury" to include mental illness or impairment, a conviction under § 45-5-206(1)(a) can rest on emotional rather than physical injury, so the offense does not have the use of physical force as an element. It therefore is not a misdemeanor crime of domestic violence. Details are on does a Montana PFMA count under federal law.
The decision has limits that matter:
- It decided subsection (1)(a) only. It did not rule on the weapon or reasonable apprehension subsections.
- It is a ruling about a federal definition. It does not cancel any Montana release condition, sentence condition, or order of protection.
- It does not reach felonies or convictions under other states' laws.
- Congress, the Montana Legislature, or a later court could change the result.
Felonies Are a Different Rule
A third or subsequent PFMA is punishable by up to five years (MCA § 45-5-206(3)(a)(iv)), and strangulation of a partner or family member by up to five years on a first offense (MCA § 45-5-215). Federal law bars firearms and ammunition for anyone convicted of a crime punishable by more than one year (18 U.S.C. § 922(g)(1)). That ban does not depend on the physical force definition. See felony convictions and firearms.
More in This Section
- Ammunition and other weapons, including concealed weapon permits.
- Hunting after a PFMA conviction.
- Living with a gun owner and constructive possession.
- Police, military, and security jobs.
- Deferred sentences and gun rights.
- Getting gun rights back.
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 Ninth Circuit's 2024 decision in United States v. DeFrance. Firearm law carries serious federal penalties and turns on the exact record. It is not legal advice about your specific case.