Montana Code 46-6-603. 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.
Terms Used In Montana Code 46-6-603
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. See Montana Code 46-1-202
(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.