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.