A misdemeanor DUI in Montana does not take away your hunting license, your rifle, or your right to carry. Three things can: a felony DUI, a weapon restriction written into a sentence or release order, and, for people who want a concealed weapon permit, the permit statute's rules on pending charges and court supervision. This page goes through the statutes one at a time. It is part of our Montana DUI Guide and expands on the firearms section of what a DUI affects.
Hunting, Fishing, and Trapping Licenses
Montana's fish and wildlife laws are in Title 87 of the Montana Code. We searched that title for any provision tying a DUI or an alcohol offense to the loss of license privileges and found none. What the title does contain is a suspension for people who ignore a wildlife citation or do not complete a sentence "for a wildlife violation under this title" (MCA § 87-6-919). A DUI is a Title 61 offense.
That is a statement about what we found, not a guarantee about every program, and it does not cover other states where you may hunt. It also leaves two indirect routes by which a DUI can reach a hunting season:
- A felony conviction. A person under the federal firearm prohibition cannot lawfully hunt with a firearm, license or not.
- A court condition. The sentencing judge may impose restrictions the judge considers necessary for rehabilitation and the protection of society, including "prohibition of the offender's owning or carrying a dangerous weapon" (MCA § 46-18-202(1)(b)). A pretrial release order can also provide that the defendant may not possess a firearm (MCA § 46-9-108(1)(h)). See DUI probation conditions.
Firearm Rights: Misdemeanor Versus Felony
Federal law makes it unlawful for a person convicted of "a crime punishable by imprisonment for a term exceeding one year" to possess a firearm or ammunition (18 U.S.C. § 922(g)(1)). The definition excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less" (18 U.S.C. § 921(a)(20)(B)).
A first, second, or third Montana DUI is punishable by no more than 6 months or 1 year (MCA § 61-8-1007). None of them meets the federal definition. A fourth or later DUI is a felony with a minimum term of 13 months (MCA § 61-8-1008), and it does. See felony DUI.
Three related points:
- The courtroom warning. At an initial appearance the judge must tell every defendant that a conviction "may result in the loss of various rights regarding firearms" (MCA § 46-7-102(1)(f)). Hearing it in a first-offense DUI case does not mean it applies to that charge.
- Drugs. A different federal provision covers a person "who is an unlawful user of or addicted to any controlled substance" (18 U.S.C. § 922(g)(3)). It does not depend on a conviction, so the facts of a drug-based DUI can raise this issue.
- Restoration after a felony. Montana restores civil rights when a sentence expires (MCA § 46-18-801(2)). Whether that lifts the federal prohibition for a particular person is a legal question with real consequences if answered wrong. Get advice before possessing a firearm.
Carrying Concealed Without a Permit
Montana's concealed carry offense "does not apply to a person eligible to possess a firearm under state or federal law" (MCA § 45-8-316(3)). Because a misdemeanor DUI does not make a person ineligible to possess, it does not change that. The permit still exists, and people apply for it for their own reasons, so the permit rules below still matter to some readers.
The Concealed Weapon Permit: How Each Stage Is Treated
| Situation | Maximum jail term | Federal firearm law | Permit statute (§ 45-8-321) |
|---|---|---|---|
| First DUI, pending | 6 months (1 year if a passenger under 16 was in the vehicle) | No federal bar | Not a ground, unless the 1-year maximum applies |
| Second or third DUI, or aggravated DUI, pending | 1 year | No federal bar | May fall under the pending-charge ground: a crime punishable by 1 year or more |
| Convicted of a first, second, or third DUI | 6 months or 1 year | No federal bar | Not a conviction ground. See the supervision ground below. |
| Convicted of felony DUI | 13 months or more | Federal firearm prohibition | Ground for denial: ineligible to possess, and a crime punishable by more than 1 year |
A sheriff must issue a permit to a qualified applicant unless one of the listed grounds applies (MCA § 45-8-321(1)). The grounds a DUI can touch are these:
- Pending charges, subsection (1)(b). The applicant "has been charged and is awaiting judgment in any state of a state or federal crime that is punishable by incarceration for 1 year or more." The words are "1 year or more," so a pending second or third DUI or aggravated DUI, each with a one-year maximum, appears to fit while the case is open.
- Convictions, subsection (1)(c)(i). A crime "punishable by more than 1 year of incarceration." Here the wording is different, and a misdemeanor DUI does not fit. A felony DUI does.
- Court supervision, subsection (1)(f). The applicant "has been adjudicated in a criminal or civil proceeding ... to be an unlawful user of an intoxicating substance and is under a court order of imprisonment or other incarceration, probation, suspended or deferred imposition of sentence, treatment or education, or other conditions of release." A person serving a suspended DUI sentence with court-ordered treatment is under that kind of order. Whether a DUI conviction is the "adjudication" the statute means is not stated, and we have not found a decision that settles it.
- Sheriff's discretion, subsection (2). A sheriff may deny a permit on reasonable cause to believe the applicant "may be a threat to the peace and good order of the community," and must give a written statement of the reasons.
A person convicted of a felony whose rights have been restored under the Montana Constitution is entitled to a permit if otherwise eligible (MCA § 45-8-321(6)), but the first ground, ineligibility under federal law, still has to be cleared.
Carrying While Under the Influence
Montana has a separate offense for the combination of alcohol and a concealed weapon. A person commits it by purposely or knowingly carrying a concealed weapon "while under the influence of an intoxicating substance," and "it is not a defense that the person had a valid permit" (MCA § 45-8-327). The penalty is up to 6 months in county jail, a fine of up to $500, or both. A conviction under that section is a ground for denying a permit until 5 years have passed or the person is pardoned (MCA § 45-8-321(1)(d)).
If a firearm was in the vehicle when you were stopped, tell your attorney where it was and whether the officer mentions it in the report.
What This Means for the Criminal Case
- Count the priors correctly. The difference between a third offense and a felony decides the federal firearm question. Out-of-state and old convictions are counted under their own rules. See how long a DUI stays on your record.
- Read every condition. A weapon restriction in a release order or a judgment binds you even though the conviction would not.
- Mind the timing of a permit application. The pending-charge ground ends when the case does.
This page explains Montana and federal statutes in general as of October 9, 2026. Firearm eligibility depends on a person's full record. It is not legal advice about your specific situation.