A felony conviction changes the firearm picture completely. The federal ban for felonies does not depend on the definition of domestic violence, on which subsection was charged, or on the relationship between the people involved. It depends on one thing: whether the crime was punishable by more than one year. This page is part of the firearm section of our Montana Domestic Violence Guide.
Which Domestic Violence Offenses Are Felonies
A first or second PFMA is punishable by up to one year in county jail, so it is not a crime punishable by more than one year. A third or subsequent conviction is punishable by up to five years (MCA § 45-5-206(3)(a)). Strangulation of a partner or family member is punishable by up to five years on a first offense (MCA § 45-5-215). Aggravated assault and assault with a weapon are also charged as felonies. Our pages on felony PFMA and felony defense cover those charges.
The Three Firearm Statutes Side by Side
| Law | Who it covers | What it prohibits | Source |
|---|---|---|---|
| Federal felony ban | Anyone convicted in any court of a crime punishable by imprisonment for more than one year | Possessing or receiving any firearm or ammunition | 18 U.S.C. § 922(g)(1) |
| Montana unlawful possession by a convicted person | A person convicted of a felony that carried a weapon enhancement under § 46-18-221, an equivalent offense elsewhere, or a felony for which the person must currently register as a sexual or violent offender | Purposely or knowingly purchasing or possessing a firearm | MCA § 45-8-313 |
| Montana concealed carry | A person previously convicted of an offense that could have been punished by more than 1 year, unless eligible to possess a firearm under state or federal law | Carrying a concealed firearm | MCA § 45-8-316(2), (3) |
The Federal Ban Under § 922(g)(1)
Federal law makes it unlawful for a person convicted of a crime punishable by more than one year to possess a firearm or ammunition. A knowing violation is punishable by up to 15 years (18 U.S.C. § 924(a)(8)). The definition excludes a state offense that the state classifies as a misdemeanor and that is punishable by two years or less, and it says that what counts as a conviction is determined by the law of the place where the case was heard (18 U.S.C. § 921(a)(20)). That last point is why deferred sentences get their own page.
Because this ban has no physical force test, the Ninth Circuit's ruling on misdemeanor PFMA has no effect on it.
Montana's Own Statute Is Narrower
MCA § 45-8-313 does not cover every felony. It applies to a person who purposely or knowingly purchases or possesses a firearm after a conviction for a felony that carried the additional weapon sentence under MCA § 46-18-221, an equivalent offense under another state's or federal law, or a felony for which the person is currently required to register as a sexual or violent offender. The penalty is 2 to 10 years in state prison.
A person convicted of an offense covered by § 45-8-313 is sentenced to lifetime supervision for the purpose of restricting firearm purchase and possession, and may apply to the district court for a permit by showing good cause for each firearm (MCA § 45-8-314). The county attorney and sheriff can object, and a denied applicant must wait 12 months to apply again. A Montana permit of this kind is a state permission. It does not by its own terms resolve the federal ban.
Restoration of Rights Under the Montana Constitution
Article II, section 28(2) of the Montana Constitution says: "Full rights are restored by termination of state supervision for any offense against the state." The sentencing statute adds that a person whose sentence has expired "is restored to all civil rights and full citizenship, the same as if the conviction had not occurred" (MCA § 46-18-801(2)). Our page on voting, jury service, and civil rights covers the rest of that subject.
Why Restoration May Not Lift the Federal Ban
Federal law says a conviction does not count if the person has had civil rights restored, "unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms" (18 U.S.C. § 921(a)(20)). In Van der hule v. Holder, 759 F.3d 1043 (9th Cir. 2014), a man whose rights Montana had automatically restored tried to buy a firearm. The Ninth Circuit held that Montana's prohibition on his obtaining a concealed weapon permit was enough of a firearm restriction to trigger that "unless" clause, so he remained barred under federal law.
Mr. Van der hule's convictions were of a kind that MCA § 45-8-321(1)(c)(ii) excludes from a permit regardless of sentence. The same statute also says that other people convicted of a felony whose rights have been restored are entitled to a permit if otherwise eligible (MCA § 45-8-321(6)). How the federal test applies to a particular felony in light of that provision is not something to assume. It needs a lawyer's analysis of the specific conviction before any firearm is purchased or possessed. Our page on getting gun rights back covers the options.
This page explains Montana and federal law in general as of the 2025 Montana Code Annotated and the current text of 18 U.S.C. §§ 921 and 922. Firearm eligibility after a felony turns on the exact conviction and sentence. It is not legal advice about your specific case.