For most federal firearm prohibitions, there is an exception for weapons issued by a government agency. For a misdemeanor crime of domestic violence, there is not. That single carve-out is why a domestic violence charge is so serious for peace officers, service members, and armed security staff. This page explains what the statute says and where a Montana partner or family member assault (PFMA) fits. It is part of the firearm section of our Montana Domestic Violence Guide.
The Official-Use Exception and Its Carve-Out
Section 925(a)(1) of Title 18 says the provisions of the federal firearm chapter, "except for sections 922(d)(9) and 922(g)(9)," do not apply to the possession or receipt of any firearm or ammunition "imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof."
Section 922(g)(9) is the ban for people convicted of a misdemeanor crime of domestic violence, and § 922(d)(9) is the matching ban on transferring a firearm to such a person. Because both are excepted, a person covered by § 922(g)(9) may not possess even a firearm issued by a police department or the armed forces.
| Prohibition | 18 U.S.C. | Official-use exception |
|---|---|---|
| Felony conviction | § 922(g)(1) | The exception in § 925(a)(1) is not excluded by its text. Employment standards usually decide the matter first. |
| Qualifying protection order | § 922(g)(8) | The exception in § 925(a)(1) is not excluded by its text. The order's own terms and agency policy still apply. |
| Misdemeanor crime of domestic violence | § 922(g)(9) | Expressly carved out. No exception for firearms issued by a government agency. |
The table describes the text of the federal statute only. It is not a statement that anyone in the first two rows may carry at work. Montana court orders, agency policy, and certification standards apply independently.
Where a Montana PFMA Fits
The carve-out matters only if the conviction is a misdemeanor crime of domestic violence. In United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), the Ninth Circuit held that a conviction under MCA § 45-5-206(1)(a) is not one, because Montana's definition of bodily injury includes mental illness or impairment. The court did not rule on the statute's other subsections, and a conviction under another state's law is analyzed separately. Read does a Montana PFMA count under federal law before drawing any conclusion from that.
DeFrance is also a ruling about one federal statute. It does not tell an employer what conduct it must tolerate.
Montana Peace Officer Standards
Montana law sets minimum qualifications for peace officers. Among them, an officer must "not have been convicted of a crime for which the person could have been imprisoned in a federal or state penitentiary" and must "be of good moral character, as determined by a thorough background investigation" (MCA § 7-32-303(2)(d), (e)). The Public Safety Officer Standards and Training Council may add qualifying standards, and the statute provides for suspension or revocation of certification.
A first or second PFMA carries county jail, not prison (MCA § 45-5-206(3)(a)). A third or later PFMA can carry state prison. But the good moral character standard and any council rules are broader than the conviction test. Certification proceedings are administrative matters outside criminal defense, and an officer facing one should have counsel who handles that work. Our page on PFMA and professional licenses covers the general picture.
Military Service
The federal carve-out applies to the armed forces the same way it applies to a police department: there is no exception for an issued weapon under § 922(g)(9). Beyond that, each service has its own regulations on domestic violence incidents, reporting, and qualifying convictions. Those questions belong with a military defense counsel. See military service and a PFMA.
Armed Security and Other Licensed Work
Private security guards and private security firearms instructors are licensed under Title 37, chapter 60. An applicant must meet "character and fitness for licensure as demonstrated by a lack of unprofessional conduct" and submit fingerprints for a state and federal criminal history check (MCA § 37-60-303(1)(c), (2)). The statute we read does not list PFMA by name, so how the licensing authority treats one is a question for that authority and for a licensing lawyer.
While the Case Is Pending
Often the immediate problem is not the eventual conviction but the release order. A judge may order no firearms as a condition of release (MCA § 46-9-108(1)(h)), and the responding officer must seize a weapon used or threatened in the alleged assault (MCA § 46-6-603). If you carry a firearm for work, tell your defense lawyer immediately so the issue can be raised with the court at the first opportunity. Do not carry in violation of an order while you wait. See your job after a PFMA arrest and firearms while the case is pending.
Why the Charge Decision Matters So Much Here
For someone in these jobs, the statute and subsection of conviction, the wording of the judgment, and whether there is a conviction at all can each change the result. That is a reason to get a defense lawyer involved before any plea, and to make sure that lawyer knows what you do for a living. Our domestic violence defense page explains how we approach these cases.
This page explains the criminal law side in general as of the 2025 Montana Code Annotated and the current text of 18 U.S.C. § 925. It does not cover military regulations, agency policy, or licensing board rules. It is not legal advice about your specific case.