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