Montana has some of the strongest gun-rights protections in the country, but that doesn't mean weapons charges aren't serious. People are surprised to learn how quickly a firearm can turn an ordinary case into a felony, or how a past conviction can make simple possession a crime. A weapons conviction can also cost you the very right to carry that Montana otherwise protects. Over 50+ trials as lead counsel, I've defended these cases and know what's at stake.

Permitless Carry, and Its Limits

Montana is a constitutional (permitless) carry state: adults who may lawfully possess a firearm can generally carry it without a permit. But that right has real boundaries. It does not extend to people prohibited from possessing firearms, and it does not excuse carrying in certain prohibited places, carrying while impaired, or using a weapon in connection with another crime.

Common Montana Weapons Charges

  • Possession of a firearm by a convicted person (§ 45-8-313), a serious charge for those with qualifying prior convictions.
  • Carrying a concealed weapon while under the influence, impairment removes the protection of permitless carry.
  • Carrying in a prohibited place, certain locations remain off-limits.
  • Using or carrying a weapon during another offense, which can add penalties and elevate charges.

When a Prior Conviction Changes Everything

A previous felony or domestic-violence conviction can make firearm possession itself a crime under Montana and federal law. These prohibited-person cases are among the most serious weapons charges, and they're frequently filed alongside other allegations. If you have a prior record, understanding exactly what you can and cannot legally possess is critical, and worth a conversation before a problem arises.

How A&M Law Defends Weapons Charges

We start with the Fourth Amendment: how was the weapon found? Many weapons cases rise or fall on the legality of a stop or search, and illegally obtained evidence can be suppressed. We also challenge whether you actually possessed the weapon, whether you fell within a prohibited category, and whether the State can prove intent. Where the charge is over-aggressive, we push for reduction or dismissal, and we prepare every case for trial.