Can a felon own a gun in Montana?

Montana automatically restores full rights, including firearm rights, upon termination of state supervision for any state offense. Montana law does not broadly prohibit felon firearm possession; the prohibition applies specifically to those serving a sentence or on probation/parole.

How can a felon restore gun rights in Montana?

Automatic upon completion of state supervision. No petition required.

Are there exceptions to gun rights restoration in Montana?

Federal law (18 USC 922(g)(1)) still prohibits possession for persons convicted of crimes punishable by more than one year imprisonment, regardless of Montana's more permissive state law. Local governments may enact additional restrictions.

Can a felon own a gun in Montana?

Under Montana state law, most felons can possess firearms after completing their sentence. Montana's firearm prohibition under MCA 45-8-313 is narrow — it only applies to felons who used a dangerous weapon during their offense or who must register as sexual or violent offenders. For all other felons, firearm rights are automatically restored upon termination of state supervision. However, the federal prohibition under 18 USC 922(g)(1) applies to all felons regardless of Montana state law.

When are firearm rights restored in Montana after a felony?

Immediately upon termination of state supervision (completion of probation, parole, or imprisonment) for felonies that did not involve a dangerous weapon. Under MCA 46-18-801, all civil rights — including firearm rights — are automatically restored when supervision ends. No application or petition is required.

What if my felony involved a dangerous weapon?

If you received an additional sentence under MCA 46-18-221 for use of a dangerous weapon, you are subject to lifetime firearms supervision under MCA 45-8-314. You may apply to the district court for a permit to possess specific firearms by showing good cause. The county attorney and sheriff must be notified and may object.

Does Montana's restoration of rights protect me from federal prosecution?

Possibly, but not with certainty. Under 18 USC 921(a)(20), a state conviction is not considered a federal firearms disqualifier if the state has restored the person's civil rights. Montana's automatic restoration likely meets this standard for most offenses, but federal courts have not issued a definitive ruling on this. A governor's pardon provides the strongest protection. Consult a firearms attorney.

Can I hunt with a firearm in Montana after a felony conviction?

Under Montana state law, if your felony did not involve a dangerous weapon and you are not on the sex/violent offender registry, your firearm rights are automatically restored upon completing your sentence, and you may hunt with a firearm. However, you remain subject to the federal prohibition under 18 USC 922(g)(1), which could expose you to federal prosecution. This creates legal risk even for lawful hunting under state law.

Does expungement restore firearm rights in Montana?

Yes. Montana's expungement process, when available, removes the conviction from the record. This eliminates both the state and federal firearms disability (since the conviction no longer exists). However, expungement eligibility is limited in Montana. The 2025 legislature authorized a study of criminal record expungement, and new legislation may expand eligibility by 2027.

Is there a new federal process to restore gun rights?

Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief. This process had been effectively defunded since 1992. It may provide a pathway for Montana felons to address the federal prohibition even without a state pardon. Application details are still being finalized.

Felon Gun Rights in Montana

Q: What is the waiting period for gun rights restoration in Montana?

Immediate upon termination of state supervision (end of probation/parole).

Automatic restoration

It depends. For most Montana felony convictions, firearm rights are automatically restored when you complete your sentence (probation, parole, or imprisonment). Montana's state-level firearm prohibition only applies to felons who used a dangerous weapon in their crime or who must register as sexual or violent offenders. However, federal law (18 USC 922(g)(1)) permanently prohibits all felons from possessing firearms, regardless of Montana's more permissive state law. Consult an attorney before possessing any firearm.

Last updated: 2026-03-21

Overview

Montana has one of the most permissive approaches to felon firearm rights in the nation. Under MCA 46-18-801, full rights — including firearm rights — are automatically restored upon termination of state supervision (completion of probation, parole, or imprisonment) for any state offense. Montana's firearm prohibition under MCA 45-8-313 is narrowly drawn: it applies only to persons convicted of a felony involving the use of a dangerous weapon or those required to register as sexual or violent offenders. For the vast majority of felons convicted of nonviolent offenses, state-level firearm rights are never lost in the first place. However, the federal prohibition under 18 USC 922(g)(1) still applies to all felons regardless of Montana's permissive state law.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by more than one year of imprisonment are permanently prohibited from possessing firearms or ammunition. Montana's automatic restoration of civil rights upon termination of state supervision may satisfy the federal 'civil rights restored' exception under 18 USC 921(a)(20) — but only if the restoration includes the right to vote, hold office, and serve on a jury, and does not expressly exclude firearms. Montana's broad automatic restoration likely meets this standard for most offenses, but federal courts have not uniformly ruled on this issue. A governor's pardon provides the strongest protection against federal prosecution. The revived federal 18 USC 925(c) process may provide an additional pathway for relief from federal firearms disabilities.

Can restore gun rights

✓Persons convicted of nonviolent felonies (no dangerous weapon involved) — firearm rights are never lost under state law and are automatically restored upon termination of supervision
✓Persons convicted of felonies involving a dangerous weapon — may apply to the district court for a permit to possess specific firearms under MCA 45-8-314 after completing their sentence
✓Persons who receive a full governor's pardon — removes all legal consequences of conviction, including firearms disabilities
✓Persons whose conviction is expunged or overturned on appeal — full restoration of all rights

Cannot restore gun rights

✗Persons currently serving a sentence, on probation, or on parole — prohibited from possessing firearms under state law during supervision
✗Persons convicted of a felony involving a dangerous weapon who have not obtained a court permit under MCA 45-8-314 — subject to lifetime firearms supervision
✗Persons required to register as sexual or violent offenders — prohibited under MCA 45-8-313 unless they obtain a court permit
✗Persons subject to federal prohibition under 18 USC 922(g)(1) who have not obtained a federal pardon or had civil rights restored in a manner recognized by federal law
✗Persons subject to a domestic violence protective order — prohibited under both state and federal law
✗Persons convicted of misdemeanor domestic violence — prohibited under federal law (18 USC 922(g)(9))

Step-by-Step Process

Determine whether your conviction triggers a state firearms prohibition

Montana's firearm prohibition under MCA 45-8-313 is narrow. It applies only to persons convicted of a felony for which they received an additional sentence under MCA 46-18-221 (use of a dangerous weapon during the offense) or who are required to register as sexual or violent offenders. If your felony did not involve a dangerous weapon and you are not on the sex/violent offender registry, you are not prohibited under Montana state law after completing your sentence.

Complete your sentence and state supervision

For felonies that do not trigger the MCA 45-8-313 prohibition, all civil rights — including firearm rights — are automatically restored upon termination of state supervision under MCA 46-18-801. This means when your probation, parole, or imprisonment ends, your state-level firearm rights are restored with no application or petition required.

If subject to lifetime firearms supervision: Petition the district court for a permit

If your conviction involved a dangerous weapon (MCA 45-8-313 / 45-8-314), you are subject to lifetime firearms supervision and must apply to the district court in the county where you reside for a permit to purchase and possess specific firearms. You must show 'good cause' for possessing each firearm. Notice must be given to the county attorney and county sheriff, and either may file a written objection. If an objection is filed, a hearing is held within 60 days.

Address the federal prohibition

Even if your state-level rights are restored, the federal prohibition under 18 USC 922(g)(1) still applies. Montana's automatic restoration of civil rights may satisfy the federal exception, but this is not guaranteed. The safest path to address the federal prohibition is through a governor's pardon or through the revived federal 18 USC 925(c) relief process. Consult a firearms attorney who understands both state and federal law.

Consider applying for a governor's pardon for full protection

Apply to the Montana Board of Pardons and Parole for executive clemency. The Board reviews applications and makes recommendations to the Governor, who has sole authority to grant or deny clemency under the Montana Constitution. A full pardon removes 'all legal consequences' of the conviction, providing the strongest protection against both state and federal firearms disabilities.

Waiting Period

For nonviolent felonies not involving a dangerous weapon, there is no waiting period — firearm rights are restored immediately upon termination of state supervision (end of probation, parole, or imprisonment). For felonies involving a dangerous weapon, lifetime firearms supervision applies, but a court permit may be sought at any time after sentence completion. A governor's pardon has no fixed waiting period but typically requires several years of demonstrated rehabilitation.

Key Laws

Law	Year	Description
MCA 45-8-313 — Unlawful Possession of Firearm by Convicted Person	1991 (amended through 2023)	Prohibits firearm possession only for persons convicted of a felony involving a dangerous weapon (additional sentence under MCA 46-18-221) or persons required to register as sexual or violent offenders. This is narrower than most states, as it does not prohibit all felons from possessing firearms.
MCA 45-8-314 — Lifetime Firearms Supervision of Certain Convicted Persons	1995	Requires lifetime state supervision of persons convicted under MCA 45-8-313 for the purpose of restricting their right to purchase and possess firearms. Allows such persons to apply to the district court for a permit to possess specific firearms upon showing good cause.
MCA 46-18-801 — Restoration of Civil Rights	1989 (amended through 2021)	Provides automatic restoration of full civil rights, including the right to bear arms, upon termination of state supervision for any state offense. This applies to all persons who have completed their sentences, including probation and parole.
MCA 46-18-221 — Additional Sentence for Use of Dangerous Weapon	1973 (amended through 2019)	Imposes an additional mandatory sentence for felonies committed with a dangerous weapon. Convictions under this section trigger the firearms prohibition in MCA 45-8-313 and lifetime firearms supervision under MCA 45-8-314.
Montana Constitution Article II, Section 12 — Right to Bear Arms	1972	Guarantees that 'the right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.' Montana courts have interpreted this broadly in favor of gun rights.

Edge Cases

My felony did not involve a weapon. Do I need to do anything to get my gun rights back in Montana?

Under Montana state law, no action is required. Your firearm rights are automatically restored upon termination of state supervision (end of probation, parole, or imprisonment) under MCA 46-18-801. However, the federal prohibition under 18 USC 922(g)(1) still applies. While Montana's automatic civil rights restoration likely satisfies the federal exception, this is not guaranteed. Consult an attorney before possessing a firearm.

I was convicted of a felony in another state but now live in Montana. Does Montana's permissive law apply to me?

Not necessarily. MCA 45-8-313 prohibits firearm possession for persons convicted of equivalent offenses in other states. If your out-of-state felony involved a dangerous weapon or you are on the sex/violent offender registry, Montana's prohibition applies. Additionally, the federal prohibition under 18 USC 922(g)(1) applies regardless of where you live. You would need to have your rights restored in the state of conviction or obtain federal relief.

What qualifies as a 'dangerous weapon' under Montana law for purposes of the firearms prohibition?

Under MCA 45-2-101, a 'weapon' means any instrument, article, or substance that, regardless of its primary function, is readily capable of being used to produce death or serious bodily injury. The firearms prohibition under MCA 45-8-313 applies only when the sentencing court imposed an additional sentence under MCA 46-18-221 for use of a dangerous weapon during the felony. If no weapon enhancement was imposed at sentencing, the prohibition does not apply.

Can I get a concealed carry permit in Montana after a felony conviction?

Montana is a constitutional carry state — most adults can carry concealed without a permit. However, the enhanced concealed carry permit under MCA 45-8-312 requires the applicant to have not been convicted of a felony. If your state-level rights have been restored, you may carry without a permit, but you would not qualify for the enhanced permit unless your conviction is pardoned or expunged. Federal law must also be considered.

I am on the sexual or violent offender registry. Can I ever possess firearms in Montana?

Yes, but only through the court permit process under MCA 45-8-314. You must apply to the district court and demonstrate good cause for possessing each specific firearm. The county attorney and sheriff must be notified and may object. Even with a state court permit, the federal prohibition under 18 USC 922(g)(1) still applies unless you obtain a federal pardon or relief under 18 USC 925(c).

Does Montana's automatic restoration apply to federal convictions?

No. Montana's automatic restoration under MCA 46-18-801 applies only to state offenses. A federal felony conviction is governed by federal law (18 USC 922(g)(1)), and only a presidential pardon or relief under 18 USC 925(c) can restore firearm rights for a federal conviction. Montana's state-level restoration has no effect on federal convictions.

Frequently Asked Questions

Can a felon own a gun in Montana?: Under Montana state law, most felons can possess firearms after completing their sentence. Montana's firearm prohibition under MCA 45-8-313 is narrow — it only applies to felons who used a dangerous weapon during their offense or who must register as sexual or violent offenders. For all other felons, firearm rights are automatically restored upon termination of state supervision. However, the federal prohibition under 18 USC 922(g)(1) applies to all felons regardless of Montana state law.
When are firearm rights restored in Montana after a felony?: Immediately upon termination of state supervision (completion of probation, parole, or imprisonment) for felonies that did not involve a dangerous weapon. Under MCA 46-18-801, all civil rights — including firearm rights — are automatically restored when supervision ends. No application or petition is required.
What if my felony involved a dangerous weapon?: If you received an additional sentence under MCA 46-18-221 for use of a dangerous weapon, you are subject to lifetime firearms supervision under MCA 45-8-314. You may apply to the district court for a permit to possess specific firearms by showing good cause. The county attorney and sheriff must be notified and may object.
Does Montana's restoration of rights protect me from federal prosecution?: Possibly, but not with certainty. Under 18 USC 921(a)(20), a state conviction is not considered a federal firearms disqualifier if the state has restored the person's civil rights. Montana's automatic restoration likely meets this standard for most offenses, but federal courts have not issued a definitive ruling on this. A governor's pardon provides the strongest protection. Consult a firearms attorney.
How do I apply for a governor's pardon in Montana?: Apply to the Montana Board of Pardons and Parole (bopp.mt.gov). The Board reviews clemency applications and makes recommendations to the Governor, who has sole authority to grant or deny clemency under the Montana Constitution. Applications require detailed personal information, criminal history, and evidence of rehabilitation. The Board holds regular meetings to consider applications.
Can I hunt with a firearm in Montana after a felony conviction?: Under Montana state law, if your felony did not involve a dangerous weapon and you are not on the sex/violent offender registry, your firearm rights are automatically restored upon completing your sentence, and you may hunt with a firearm. However, you remain subject to the federal prohibition under 18 USC 922(g)(1), which could expose you to federal prosecution. This creates legal risk even for lawful hunting under state law.
Does expungement restore firearm rights in Montana?: Yes. Montana's expungement process, when available, removes the conviction from the record. This eliminates both the state and federal firearms disability (since the conviction no longer exists). However, expungement eligibility is limited in Montana. The 2025 legislature authorized a study of criminal record expungement, and new legislation may expand eligibility by 2027.
Is there a new federal process to restore gun rights?: Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief. This process had been effectively defunded since 1992. It may provide a pathway for Montana felons to address the federal prohibition even without a state pardon. Application details are still being finalized.

Take Action — Direct Links

Montana Board of Pardons and Parole — Executive Clemency
Official page for applying for a governor's pardon or commutation of sentence through the Montana Board of Pardons and Parole.
Montana Board of Pardons and Parole — Pardon Application
Downloadable pardon application form for the Montana Board of Pardons and Parole.
Montana Legislature — MCA Title 45, Chapter 8, Part 3 (Weapons)
Full text of Montana weapons statutes, including MCA 45-8-313 (unlawful possession) and MCA 45-8-314 (lifetime firearms supervision).
CCRC — Montana Restoration of Rights & Record Relief
Comprehensive overview from the Collateral Consequences Resource Center covering all restoration pathways in Montana, including pardons and expungement.
ATF — State Laws and Published Ordinances, Montana
ATF compilation of Montana firearms statutes and federal laws applicable in Montana.
DOJ — Federal Firearm Rights Restoration (18 USC 925(c))
Information on the revived federal firearms rights restoration process under 18 USC 925(c).