Montana Code Annotated

Mont. Code Ann. § 46-6-603 (2026)

Partner Or Family Member Assault -- Seizure Of Weapon

✓ current as of May 2026
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TITLE 46. CRIMINAL PROCEDURE

CHAPTER 6. ARREST

Part 6. Domestic Violence Provisions

Partner Or Family Member Assault -- Seizure Of Weapon

46-6-603. Partner or family member assault -- seizure of weapon. (1) 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.

(2) The responding officer may, as appropriate:

(a) take reasonable action necessary to provide for the safety of a victim and any other member of the household;

(b) transport or arrange for the transportation of the victim and any other member of the household to a safe location; and

(c) assist a victim and any other member of the household to remove necessary personal items.

(3) A weapon seized under this section may not be returned to the offender until acquittal or until the return is ordered by the court.

History: En. Sec. 19, Ch. 350, L. 1995.

Notes of Decisions
Cited in 1 case, 2004–2004 · leading case: Massee v. Thompson, 2004 MT 121, 90 P.3d 394.
Massee v. Thompson, 2004 MT 121, 90 P.3d 394. · cites it 16× “The court concluded that the "weapon seizure" statute found at § 46-6-603, MCA (1995), did not impose upon the Sheriff the legal duty to seize Ray's weapon following the December 1996 and April 1997 episodes.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.