Who Cannot Have a Gun
MCA 45-8-313 — after a felony with a weapon enhancement or one on the offender registry, 2 to 10 years
- A felony for which the person got an added sentence for using a weapon.
- An equivalent offense in another state or federal court.
- A felony that currently requires registering as a sexual or violent offender.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.
Purposely or knowingly buying or possessing a firearm after one of those convictions is a felony with 2 to 10 years in the state prison.
Someone with an earlier offense punishable by more than 1 year who carries a concealed firearm faces up to 5 years and $1,000. Once a sentence has expired, a person is restored to the civil rights lost by the conviction, apart from what the Montana constitution provides.
Sources for this section (3)
- MCA 45-8-313 — Unlawful possession of firearm by convicted person
- MCA 45-8-316 — Carrying concealed firearms -- exemption
- MCA 46-18-801 — Effect of conviction -- civil disabilities
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.