In Montana, the right to bear arms is not just a constitutional issue but a practical one impacting daily life and traditions like hunting. The loss of firearm rights can severely affect Montanans, preventing them from participating in hunting or even being in the presence of others who are hunting.
Understanding the legal landscapes that govern firearm rights in Montana is critical for those navigating these challenging waters.
Primary reasons for the loss of firearm rights
Three major legal scenarios in Montana can lead to the permanent loss of firearm rights:
Felony Convictions
In the state of Montana, as well as across the United States, anyone convicted of a felony faces a severe and enduring consequence: the permanent loss of the right to possess firearms.
This prohibition applies under both state and federal laws, ensuring that people with felony convictions on their records are barred for life from owning or handling firearms. If such a case is taken up by federal authorities, the person faces stringent penalties, including a mandatory minimum sentence of 5 years in prison.
The route to regaining firearm rights is typically blocked unless the felony conviction can be expunged, a legal process that clears the person’s criminal record of the felony charge.
Partner or Family Member Assault (PFMA)
In Montana, Partner or Family Member Assault (PFMA) is a misdemeanor specifically targeting assaults against intimate partners and family members. A conviction under this statute triggers a loss of firearm rights at both state and federal levels, significantly impacting a person’s life.
Expunging such a conviction might theoretically restore these rights. However, federal regulations introduce complexity, as they continue recognizing the person as convicted, despite the expungement. This legal gray area makes the restoration of firearm rights uncertain and complex.
Navigating the complexities of PFMA-related firearm rights can be daunting, especially given the nuances of federal recognition of convictions. If you or someone you know is facing such challenges, seeking expert legal assistance is necessary.
Our experienced criminal attorneys in Montana can help you understand your rights and explore potential avenues for expunging convictions and restoring firearm privileges. Contact us online or call (406) 721-3354 to discuss your specific situation and how we can assist in navigating these legal hurdles.
Restraining Orders
Restraining orders in Montana, including both temporary and permanent types, carry significant consequences for firearm possession.
When a restraining order is in effect, it prohibits the person from owning or handling firearms. This condition remains as long as the order is active. Many are unaware that temporary restraining orders can become permanent, often locking in the firearm prohibition for an extended period.
If you are dealing with a restraining order and its implications on your firearm rights, it’s essential to get qualified legal help. Contact our office for guidance on how to potentially reverse these orders and restore your rights.
Can firearm rights be restored?
Restoring firearm rights in Montana is dependent on the type of conviction and the state and federal laws. While it’s possible to reclaim these rights, the process is laden with legal complexities that vary by case, particularly due to stringent federal restrictions.
Understanding these legal landscapes and navigating through them requires specialized legal expertise. At Judnich Law Office, our experienced team is dedicated to assisting people in these circumstances, providing detailed consultations and strategic legal approaches to explore every potential avenue for restoring their firearm rights. If you’re facing such a legal challenge, contact us to evaluate your options and potentially regain your rights.
We are here to help you understand and restore your rights
Navigating the complexity of firearm rights restoration requires a robust understanding of both state and federal laws. At Judnich Law Office, we bring a detailed, client-focused approach to each case, leveraging our expertise to offer you the best possible chance of regaining your rights.
If you’re unsure about the specifics of your case or how to proceed, don’t hesitate to reach out. Contact us today at (406) 721-3354 to schedule a consultation and take the first step toward restoring your firearm rights. We’re here to help guide you through every step of the process.
Marty is a former criminal prosecutor in the Cascade County Attorney’s Office and now uses that experience to defend those accused of crimes. A University of Montana School of Law graduate, Marty focuses his practice on personal injury and criminal defense and is a premier DUI defense attorney. He is also well versed in the insurance claims industry and has negotiated significant settlements with nearly every major insurance company.