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 use of a dangerous weapon under Montana Code § 46-18-221 or a similar law in another state;
- a felony for which the person is currently required to register for the sexual or violent offender registry.1
In addition, if someone is convicted of partner or family member assault, the judge could prohibit the defendant from having or using the specific firearm used in the assault.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)
2 Mont. Code § 45-5-206(7)