If the abuser has been convicted of a crime, can s/he keep or buy a gun?
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; or
- 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, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.
1 Mont. Code § 45-8-313(1)
2 Mont. Code § 45-5-206(7)