Section 46-6-603 – Partner or family member assault – seizure of weapon

May 13, 2021 | Criminal Procedure, Montana

(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.

ยง 46-6-603, MCA

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