Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”1 No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers.

Montana has no law requiring, or even explicitly authorizing, the reporting of mental health information to NICS.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Montana Background Checks section and the section entitled Montana Prohibited Purchasers Generally.

See our Mental Health Reporting policy summary for a comprehensive discussion of this issue.

Notes
  1. 18 U.S.C. § 922(d)(4). ⤴︎