Montana's PFMA statute says only one thing about firearms at sentencing: the court "may prohibit an offender convicted under this section from possession or use of the firearm used in the assault" (MCA § 45-5-206(7)). That is narrower than you might expect. The broad restriction that people have in mind when they talk about losing gun rights after a domestic violence conviction comes from federal law. Where it applies, it applies whether or not the Montana judge mentions firearms at all, and whether it applies to a Montana PFMA depends on the subsection of conviction. This page explains the state provision and how it differs from the federal one. It is part of our Montana Domestic Violence Guide.
What § 45-5-206(7) Actually Says
The full subsection is two sentences: "The court may prohibit an offender convicted under this section from possession or use of the firearm used in the assault. The court may enforce 45-8-323 if a firearm was used in the assault."
Read closely, it has three limits:
- It is discretionary. The word is "may," not "shall."
- It is about one firearm. The subject is "the firearm used in the assault," not firearms in general.
- It assumes a firearm was involved. If no firearm was used, this subsection has nothing to attach to.
The second sentence refers to MCA § 45-8-323, which lets a county sheriff revoke a concealed weapon permit, or deny its renewal, if circumstances arise that would require the sheriff to refuse an original permit.
Other Firearm Conditions a Montana Judge Can Impose
Subsection (7) is not the only source of authority. Under the general sentencing statutes, a judge may impose restrictions considered necessary for rehabilitation and the protection of the victim and society, and the list expressly includes "prohibition of the offender's owning or carrying a dangerous weapon" (MCA § 46-18-202(1)(b)). A judge who suspends or defers a sentence may also impose any other reasonable condition considered necessary for the protection of the victim or society (MCA § 46-18-201(4)(p)).
So a PFMA judgment can contain a weapons condition that is much broader than subsection (7). If it does, that condition is enforceable like any other. The revocation statute specifically excludes "possession of a firearm in violation of a condition of probation" from its definition of a compliance violation (MCA § 46-18-203(11)(b)(ii)). See PFMA probation conditions.
Orders in the case can add their own terms. A temporary order of protection, for example, may prohibit the respondent from possessing or using the firearm used in the assault (MCA § 40-15-201(2)(f)). See orders of protection and guns.
The Federal Ban Is a Different Law
Federal law makes it unlawful for a person "who has been convicted in any court of a misdemeanor crime of domestic violence" to possess any firearm or ammunition in or affecting commerce (18 U.S.C. § 922(g)(9)). The definition covers a misdemeanor under state law that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a person in one of the listed relationships to the victim, such as a current or former spouse, a parent, a person who shares a child with the victim, or a person in a current or recent former dating relationship (18 U.S.C. § 921(a)(33)(A)).
Several things set the federal rule apart from the Montana provision:
- It covers all firearms and ammunition, not the one used in the incident.
- It applies automatically upon a qualifying conviction. No judge has to order it.
- It is enforced in federal court, with a penalty of up to 15 years (18 U.S.C. § 924(a)(8)).
- It does not expire with the Montana sentence.
Whether a specific Montana PFMA conviction meets the federal definition depends on the federal statute and the cases interpreting it, and on details such as which subsection of the PFMA statute was the basis of the conviction and whether the person had or waived counsel (18 U.S.C. § 921(a)(33)(B)). In United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), the Ninth Circuit held that a conviction under subsection (1)(a), purposely or knowingly causing bodily injury, does not meet the definition, because Montana defines bodily injury to include mental illness or impairment. The court did not decide subsections (1)(b) or (1)(c). That analysis is on our pages about the federal Lautenberg ban and whether a Montana PFMA counts under federal law.
State and Federal Rules Compared
| Source | What it does | Citation | When it applies |
|---|---|---|---|
| PFMA statute | The court may prohibit possession or use of the firearm used in the assault, and may enforce the concealed weapon permit revocation statute if a firearm was used. | MCA § 45-5-206(7) | Only if the judge orders it |
| General sentencing conditions | A judge may prohibit owning or carrying a dangerous weapon as a restriction on the sentence. | MCA § 46-18-202(1)(b) | Only if the judge orders it, and for the period of the sentence |
| Montana felon-in-possession law | A crime to purchase or possess a firearm after certain felonies, including a felony for which the person is currently required to register as a violent offender. | MCA § 45-8-313(1) | By operation of law, for the convictions it lists |
| Federal law | Unlawful to possess any firearm or ammunition after conviction of a misdemeanor crime of domestic violence, or of a crime punishable by more than one year. The Ninth Circuit has held that a PFMA under § 45-5-206(1)(a) does not meet the misdemeanor definition (United States v. DeFrance). | 18 U.S.C. § 922(g)(1), (9) | By operation of law when the conviction meets the federal definition, regardless of the Montana sentence |
Felony-Level Convictions
At the felony level, state law reaches further. Montana makes it a crime, punishable by 2 to 10 years in a state prison, to purchase or possess a firearm after conviction of a felony for which the person received a weapon enhancement, or a felony for which the person is currently required to register for the sexual or violent offender registry (MCA § 45-8-313(1), (2)). A third or subsequent PFMA and strangulation of a partner or family member are both listed violent offenses in the registration statute (MCA § 46-23-502(14)(a)(iv), (viii)).
Federal law separately prohibits possession by anyone convicted of a crime punishable by imprisonment for more than one year (18 U.S.C. § 922(g)(1)). See felony convictions and firearms in Montana.
Why This Belongs in the Plea Conversation
Because any federal consequence is not part of the Montana sentence, the written judgment may be silent about it. A person can leave court believing the only restriction is the one on paper. For someone who hunts, works in a job that requires carrying a firearm, or serves in the military or law enforcement, that misunderstanding can be costly.
The safe approach is to treat the firearm question as part of the decision about how to resolve the case, and to get advice about your specific charge before entering any plea. We explain the law. We do not suggest ways to keep access to firearms that the law prohibits. If a restriction applies to you, the firearms need to be out of your possession in a lawful way, and your lawyer can explain how that is done. Our weapons charges page covers what happens when a person is charged with unlawful possession.
This page explains Montana and federal law in general, as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.