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Can you restore lost gun rights in Montana?

On Behalf of | Mar 21, 2024 | Criminal Law, Federal Crimes |

For you and over half of the population in the state, you may see bearing arms as more than a right but a part of your life. However, if you break the law in some way, you may lose that privilege. Although this may sound concerning, Montana law may provide a way for you to earn back your gun rights.

How you can lose and restore gun rights

Federal law lays out clear restrictions. You cannot possess or purchase firearms if:

  • You’ve been convicted of a crime with a sentence exceeding one year.
  • You have a domestic violence conviction
  • You’re found to have a serious mental health condition
  • You’re in the U.S. unlawfully
  • You’ve received a dishonorable discharge from the Armed Forces
  • You’ve renounced your U.S. citizenship
  • You’re under a restraining order for stalking, harassment or threats

Montana’s gun laws also play a part, potentially restricting your rights even further. Subject to certain limited exceptions, you could encounter obstacles if you have a conviction for a crime involving a weapon or are currently required to register for the sexual or violent offender registry.

Nevertheless, the state may restore your rights automatically after you have completed your sentence or are free from state supervision, such as probation or parole. Otherwise, you may petition the local court to restore your rights. Wait times and restoration requirements may vary depending on the nature of your conviction.

When restoration isn’t automatic

Even when you’re in the clear according to Montana law, other factors can block your path to legally owning a firearm. This is where a knowledgeable attorney can be crucial. They’re equipped to handle the hurdles of post-conviction gun ownership.

If you’re committed to restoring your Second Amendment rights in Montana, an attorney can provide the support and guidance you need.