Montana Domestic Violence Guide

Military Service and a PFMA Charge in Montana

A service member charged in a Montana court answers to two systems. The civilian case can decide whether you may lawfully handle a weapon, on duty or off.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: September 21, 2026

Key Takeaways: Military Service and a PFMA Charge in Montana

Federal law bars firearms and ammunition after a conviction that meets the federal definition of a misdemeanor crime of domestic violence (18 U.S.C. § 922(g)(9)).
In United States v. DeFrance (2024), the Ninth Circuit held that the bodily injury form of Montana PFMA, MCA § 45-5-206(1)(a), does not meet that definition. It did not decide the other subsections.
The usual exception for government-issued firearms does not apply to that ban, so where the ban applies it reaches military duty weapons (18 U.S.C. § 925(a)(1)).
Domestic violence is also an offense under the Uniform Code of Military Justice (Article 128b, 10 U.S.C. § 928b).
A civilian order of protection has the same force on a military installation as in the court that issued it (10 U.S.C. § 1561a).
Commands are informed: federal law requires notice between civilian authorities and commanders about protective orders involving service members.
You need two lawyers: a civilian defense lawyer for the Montana case and military defense counsel for anything your command does.

The federal domestic violence firearm ban has no exception for the military, so a Montana conviction that meets the federal definition bars a service member from possessing any firearm or ammunition, including a duty weapon. Whether a PFMA conviction meets that definition depends on the subsection, as explained below. The civilian case and anything your command does are separate tracks, and the civilian result usually comes first. This page is part of our Montana Domestic Violence Guide. A&M Law defends the Montana criminal charge. We do not handle courts-martial or administrative separation, and you should also speak with military defense counsel.

The Federal Firearm Ban Has No Military Exception

Under 18 U.S.C. § 922(g)(9), it is unlawful for any person "who has been convicted in any court of a misdemeanor crime of domestic violence" to ship, transport, possess, or receive any firearm or ammunition.

Federal firearm law generally does not apply to firearms "issued for the use of" the United States or any of its departments or agencies. But that exception is written to exclude this ban. The statute applies the exception to the provisions of the chapter "except for sections 922(d)(9) and 922(g)(9)" (18 U.S.C. § 925(a)(1)). In plain terms, a qualifying conviction applies to a service member on duty the same way it applies to anyone else.

When a Montana PFMA Counts

A "misdemeanor crime of domestic violence" is a misdemeanor under federal, state, tribal, or local 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, such as a current or former spouse, a co-parent, a cohabitant, or a person in a current or recent former dating relationship (18 U.S.C. § 921(a)(33)(A)).

Montana's PFMA statute covers more than one kind of conduct and a broader set of relationships (MCA § 45-5-206(1), (2)), so whether a given conviction qualifies depends on the subsection and the relationship. 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 qualify, because Montana's definition of bodily injury includes mental illness or impairment and so physical force is not an element. The court did not decide subsections (1)(b) or (1)(c), and its ruling does not reach felony convictions, protection orders, or conditions set by a Montana judge. The federal definition also has conditions and exceptions: the person must have had counsel or validly waived it, and a conviction that has been expunged or set aside generally does not count (18 U.S.C. § 921(a)(33)(B)). Those details are covered on our pages on the federal Lautenberg ban and whether a Montana PFMA counts under federal law.

If you are unsure whether the ban applies to you, do not handle a firearm until a lawyer has answered that question. The same goes for firearms while the case is pending, when release conditions or a protective order may restrict you before any conviction.

Two Systems: Montana Courts and the UCMJ

An arrest by a Montana sheriff or city police department is prosecuted in a Montana court under Montana law, whatever your duty status. Separately, members of a regular component of the armed forces are subject to the Uniform Code of Military Justice (10 U.S.C. § 802(a)(1)), and reserve and National Guard members are covered in the circumstances that section lists.

The UCMJ has its own domestic violence article. Article 128b reaches a person who commits a violent offense against a spouse, an intimate partner, a dating partner, or an immediate family member, who violates a protection order with intent to threaten or intimidate such a person, or who assaults such a person by strangling or suffocating (10 U.S.C. § 928b). How a command responds to an off-base civilian arrest is governed by military regulations that this page does not cover. Ask military defense counsel what to expect and what you are required to report.

Protective Orders Follow You On Base

A Montana no contact order or order of protection does not stop at the gate. "A civilian order of protection shall have the same force and effect on a military installation as such order has within the jurisdiction of the court that issued such order" (10 U.S.C. § 1561a(a)).

A commander can also issue a military protective order, which stays in effect until the commander ends or replaces it (10 U.S.C. § 1567). When one is issued against a service member, the unit commander must notify the appropriate civilian authorities within seven days (10 U.S.C. § 1567a(a)). So you may be under a civilian order, a military order, or both, with different terms. Follow the strictest reading of each, and have your lawyers handle any question about contact. Our page on what counts as contact explains the Montana side.

Why the Civilian Outcome Drives Everything

The firearm ban depends on being "convicted" of a qualifying offense. That makes the result of the Montana case the central fact: an acquittal, a dismissal, a conviction under a particular PFMA subsection, or a conviction for a different offense each leads somewhere different. A plea that looks minor in a civilian courtroom, such as a first-offense misdemeanor with a short sentence, can carry the heaviest consequence for someone whose job requires a weapon.

For that reason, tell your civilian defense lawyer about your service at the first meeting, and do not plead guilty at a first appearance to put the matter behind you. See police, military, and security jobs and should I just plead guilty to PFMA.

After the Case: Records and Enlistment

A PFMA conviction does not age off a Montana record. The routes to clearing it are explained in our pages on how long a PFMA stays on your recordand on expungement. Montana's expungement law gives applicants to the armed forces a presumption for most misdemeanors, but not when the record includes a PFMA.

This page explains Montana law as of the 2025 Montana Code Annotated and federal statutes in general. It does not describe military regulations and is not legal advice about your specific case.

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FAQ

Military Service and a PFMA Charge in Montana FAQ

Can I stay in the military with a PFMA conviction?

This page cannot answer that for you, because retention and discharge decisions are made under military regulations, not Montana law. What federal statute does say is that a person convicted of a misdemeanor crime of domestic violence may not possess firearms or ammunition, with no exception for military-issued weapons (18 U.S.C. §§ 922(g)(9), 925(a)(1)). Whether a Montana PFMA meets the federal definition depends on the subsection of conviction: in United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), the Ninth Circuit held that the bodily injury subsection, MCA § 45-5-206(1)(a), does not. See does a Montana PFMA count under federal law. Talk with military defense counsel about what that means for your duties.

Does the Lautenberg Amendment apply to the military?

Yes. The firearm ban for misdemeanor crimes of domestic violence is commonly called the Lautenberg Amendment. Most federal firearm restrictions do not apply to firearms issued for the use of the United States or its agencies, but the statute carves section 922(g)(9) out of that exception (18 U.S.C. § 925(a)(1)).

Will my command find out about a civilian PFMA arrest?

You should assume so. Congress has required the Department of Defense to set policies for registering civilian protective orders at installations, including notice among the commander and military law enforcement when a service member becomes subject to one (Pub. L. 116-92, § 550A). Your own service's regulations may also require you to report an arrest. Ask military defense counsel before the deadline passes.

Can I be prosecuted by both Montana and the military?

Service members on active duty are subject to the Uniform Code of Military Justice (10 U.S.C. § 802(a)(1)), and domestic violence is a military offense under Article 128b (10 U.S.C. § 928b). Whether the military takes separate action after a civilian case is a decision for the command and military lawyers. Federal law also allows a member accused of a civilian offense to be delivered to civil authorities for trial (10 U.S.C. § 814(a)).

Can a PFMA keep me from enlisting?

It can be an obstacle, and enlistment standards are set by the services. Montana's expungement law includes a presumption in favor of expungement for people applying to enlist who are being held back by a prior conviction (MCA § 46-18-1107(2)), but that presumption is not available when the person has a PFMA conviction (MCA § 46-18-1108(1)). A judge can still grant expungement after weighing the statutory factors.

Service Member Charged With PFMA in Montana?

The civilian case comes first, and its outcome drives the rest. Call 406-830-3060 for a confidential consultation.

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