Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

Montana provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she has been convicted of:

  • A felony for which he or she received an additional sentence under Montana Code Ann. § 46-18-221 (which imposes an additional sentence for offenses committed with a dangerous weapon); or
  • An offense of another state or federal law which is equivalent to a Montana offense which would subject the person to an additional sentence under section 46-18-221.1

Prohibited felons may nonetheless be entitled to purchase and possess firearms by applying for and receiving a permit, which will be granted upon a showing of good cause for the possession of each firearm sought to be purchased and possessed.2

Possession of a deadly weapon by a prisoner or person in a youth detention facility is also a crime in Montana.3 A state administrative regulation prohibits probationers and parolees from owning, possessing or being in control of any firearm.4

See our Prohibited Purchasers policy summary for a comprehensive discussion of this issue.

Notes
  1. Mont. Code Ann. § 45-8-313. ⤴︎
  2. Mont Code Ann. §§ 45-8-313(3), 45-8-314. ⤴︎
  3. Mont. Code Ann. § 45-8-318. ⤴︎
  4. Mont. Admin. R. 20.7.1101. ⤴︎