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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.
  • MCA 45-8-313
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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.

  • MCA 45-8-313

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.

  • MCA 45-8-316
  • MCA 46-18-801
Sources for this section (3)
  1. MCA 45-8-313 — Unlawful possession of firearm by convicted person
  2. MCA 45-8-316 — Carrying concealed firearms -- exemption
  3. 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.

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