There is no single application that restores firearm rights after a domestic violence case. What you can do depends on which law restricted you. Some restrictions end by themselves when an order or sentence ends. Others last until a court, the governor, or the federal government acts. This page maps the routes and says plainly where the law is unsettled. It is part of the firearm section of our Montana Domestic Violence Guide.
Step One: Identify the Restriction
Our overview of PFMA and gun rights lists the sources. For a misdemeanor under MCA § 45-5-206(1)(a), the Ninth Circuit has held that the federal misdemeanor ban does not apply (see does a Montana PFMA count under federal law). That ruling does not cover the other subsections, felonies, protection orders, or convictions from other states. So the first job is to get the judgment and read which statute and subsection it names, and what conditions it imposes.
The Routes at a Glance
| Route | How it works | Source |
|---|---|---|
| Sentence condition ends | A firearm or weapon condition imposed as part of a sentence lasts as long as the sentence does, unless the judgment says otherwise. | MCA §§ 45-5-206(7), 46-18-202(1)(b) |
| Order of protection ends or is changed | The federal protection order ban applies only while a person is subject to the order. | 18 U.S.C. § 922(g)(8) |
| Misdemeanor expungement | One petition in a lifetime, filed in district court. Not presumed for PFMA. The court weighs listed factors. | MCA §§ 46-18-1104 to 46-18-1110 |
| Pardon | Granted by the governor after an application to the Board of Pardons and Parole. | MCA § 46-23-301 |
| Five-year dating rule | One conviction involving a dating relationship only, five years after judgment or the end of the sentence, with no later disqualifying offense. | 18 U.S.C. § 921(a)(33)(C) |
| Federal relief from disabilities | Application to the Attorney General under a rule effective September 21, 2026. Relief is discretionary. | 18 U.S.C. § 925(c); 91 Fed. Reg. 54054 |
Expungement, Set-Aside, and Pardon
Montana's Misdemeanor Expungement Clarification Act lets a person petition a district court, once in a lifetime, for an order expunging the records of one or more misdemeanors (MCA § 46-18-1104). To expunge means to permanently destroy, delete, or erase the record from the state's criminal history system (MCA § 46-18-1103). The prosecutor is served, and the prosecution office must try to notify any victim, who has a right to respond (MCA § 46-18-1106).
Expungement is presumed for many misdemeanors after five years with no new conviction. It is not presumed for PFMA. For those convictions the court considers the petitioner's age at the time of the offense, the time that has passed, rehabilitation, the likelihood of reoffending, and any other relevant factor (MCA § 46-18-1108). The outcome is up to the judge.
A different mechanism applies after a deferred imposition of sentence, where the court may allow the plea to be withdrawn and dismiss the charge (MCA § 46-18-204). Whether that counts as a conviction "set aside" for federal purposes is discussed on our page about deferred sentences and gun rights.
A pardon is a separate route. In Montana it is "a declaration of record that an individual is to be relieved of all legal consequences of a prior conviction" (MCA § 46-23-301(1)(b)). Applications go to the Board of Pardons and Parole, a hearing panel makes a recommendation, and the governor has the final say. No appeal may be taken from the governor's decision. Federal law treats a pardoned conviction as not counting, unless the pardon expressly keeps a firearm bar.
Why "Civil Rights Restored" Rarely Helps a Misdemeanor
The federal definition also excludes a conviction for which the person "has had civil rights restored," but only "if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense" (18 U.S.C. § 921(a)(33)(B)(ii)). In Logan v. United States, 552 U.S. 23 (2007), the Supreme Court held, under the parallel felony provision, that the exemption does not cover a person who kept his civil rights at all times, because restoring means giving back something that was taken away.
Montana's constitution restores full rights at the end of state supervision (Art. II, § 28(2)). But whether a misdemeanor PFMA takes away any civil right to begin with is a separate question, and it is one a lawyer should answer for your case. For felonies the analysis is different again. See felony convictions and firearms.
The Five-Year Rule for Dating Relationships
Since 2022, the federal definition has included offenses against a person in a current or recent former dating relationship, with a built-in end point. If you have no more than one such conviction and are not otherwise prohibited, the disqualification ends five years after the later of the judgment of conviction or the completion of any custodial or supervisory sentence, provided you have not since been convicted of another such offense, another misdemeanor involving force or a deadly weapon threat, or any other disqualifying offense (18 U.S.C. § 921(a)(33)(C)). It is not available where the relationship was marriage, a shared child, or living together as spouses.
Federal Relief Under § 925(c)
Federal law lets a prohibited person apply to the Attorney General for relief, which may be granted if the applicant "will not be likely to act in a manner dangerous to public safety" and relief "would not be contrary to the public interest" (18 U.S.C. § 925(c)). A Department of Justice rule published at 91 Fed. Reg. 54054 took effect September 21, 2026 and set criteria for these applications. Among them: an application is denied, absent extraordinary circumstances, if within the last 10 years the applicant was convicted of, or served any part of a sentence for, a misdemeanor crime of domestic violence. The program is new, and how it operates in practice is not yet clear.
What Remains Uncertain
- How federal agencies treat Montana PFMA records after DeFrance is not addressed in the opinion.
- DeFrance could be changed by Congress, the Montana Legislature, or a later court.
- Whether a given Montana expungement or dismissal order satisfies the federal definition depends on the order's wording.
Until a lawyer has confirmed your status in writing, treat any open question as a reason not to possess a firearm. If a firearm was taken in your case, see getting seized guns back.
This page explains Montana and federal law in general as of the 2025 Montana Code Annotated, the current text of 18 U.S.C. §§ 921 and 925, and the federal rule effective September 21, 2026. It is not legal advice about your specific case.