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Legal Information: Montana

State Gun Laws

December 8, 2020

I am a victim of domestic violence and the abuser has a gun. Is that legal?

In Montana, a person cannot have a firearm if s/he:

  • has been convicted of:
  • a felony for which s/he received an additional sentence for a crime committed with a dangerous weapon under Montana Code § 46-18-221;
  • an offense of another state or under federal law, which is similar to a Montana offense that would subject the person to an additional sentence for a crime committed with a dangerous weapon; or
  • assaulting you with a firearm;1
  • has been found to be mentally incompetent by a judge;
  • does not have legal immigration status; or
  • is under the age of 18.2

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements. Go to Federal Gun Laws to get more information.

1 Mont. Code §§ 45-8-313(1); 45-5-206(7)
2 Mont. Code § 9.20.030