Weapon/ Firearm Offenses

Montana has numerous laws that make it a crime to possess, transfer, modify, or otherwise use different types of arms in certain situations. In Montana, citizens over the age of 18 can openly carry a firearm without a permit and can carry a concealed handgun with a permit.

To receive a concealed weapons permit, applicants must be citizens of the United States, have lived in the state of Montana for at least six months, and have a valid Montana driver’s license or another type of state-issued photo identification.

Someone convicted of a weapons crime in the state of Montana can face many different serious penalties. The severity of the sentence will differ, depending on the circumstances and the particular crimes involved in each case.

Attorney for Weapon/ Firearm Offenses in Helena, Montana

If you were arrested for a weapon or firearm offense in the state of Montana, you need to contact an experienced criminal defense attorney immediately to discuss your case.

Greg Beebe is an aggressive criminal defense attorney at Beebe Law Firm and understands the consequences associated with a weapon or firearm charge, so contacting the Beebe Law Firm at 1 (406) 442-3625 should be the first thing you do after being accused of such a crime.

Greg represents residents in Helena in Lewis and Clark County, Boulder in Jefferson County, Missoula in Missoula County, Bozeman Gallatin County, and other surrounding areas in Montana.

Our Helena office is conveniently located at 1085 Helena Avenue in Helena, Montana 59601 between Idaho Avenue and North Dakota Avenue. Give him a call today.


Information Center for Weapon/ Firearm Offenses in Montana

  •  Unlawful Possession of a Firearm by a Convicted Person
  •  Carrying a Concealed Weapon
  •  Carrying a Weapon While Under the Influence
  •  Possession or use of Machine Gun in Connection with a crime

Unlawful Possession of a Firearm by a Convicted Person

A person commits the offense of unlawful possession of a firearm by a convicted person if the person purposely or knowingly purchases or possesses a firearm after the individual has been convicted of:

  •  a felony; or
  •  an offense under the law of another state or of the United States that is equivalent to an attack that when committed in Montana.

A person convicted of unlawful possession of a firearm by a convicted person shall be imprisoned in a state prison for a minimum of 2 years and a maximum of 10 years.


Carrying a Concealed Weapon

Montana has some of the most permissive gun laws in the United States. It is a "shall issue" state for concealed carry. The county sheriff shall issue a concealed weapons permit to a qualified applicant within 60 days.

A county sheriff shall, within 60 days after the filing of an application, issue a license to carry a concealed weapon to the applicant. The permit is valid for four years from the date of issuance. An applicant must be a United States citizen who is 18 years of age or older and who holds a valid Montana driver's license or another form of identification issued by the state that has a picture of the person identified.

An applicant must have been a resident of the state for at least six months. This privilege may not be denied an applicant unless the applicant:

  • is ineligible under Montana or federal law to own, possess, or receive a firearm;
  • has been charged and is awaiting judgment in any state of a state or federal crime that is punishable by incarceration for one year or more;
  • has been convicted in any state or federal court of:
    • a crime punishable by more than one year of imprisonment; or
    • regardless of the sentence that may be imposed, an offense that includes as an element of the offense act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or sexual intercourse or contacts without consent;
  • has been convicted of carrying a weapon under the influence or carrying a concealed weapon in a prohibited place, unless the applicant has been pardoned or 5 years have elapsed since the date of the conviction;
  • has a warrant of any state or the federal government out for the applicant's arrest;
  • has been adjudicated in a criminal or civil proceeding in any state or federal court 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 or is otherwise under state supervision;
  • has been adjudicated in a criminal or civil proceeding in any state or federal court to be mentally ill, mentally disordered, or mentally challenged and is still subject to a disposition order of that court; or
  • was dishonorably discharged from the United States armed forces.

The sheriff may deny an applicant a permit to carry a concealed weapon if the sheriff has reasonable cause to believe that the applicant is mentally ill, mentally disordered, or mentally challenged or otherwise may be a threat to the peace and good order of the community to the extent that the applicant should not be allowed to carry a concealed weapon.

At the time an application is denied, the sheriff shall, unless the applicant is the subject of an active criminal investigation, give the applicant a written statement of the reasonable cause upon which the denial is based.


Carrying a Weapon While Under the Influence

A person commits the offense of carrying a concealed weapon while under the influence if the person purposely or knowingly carries a concealed weapon while under the influence of an intoxicating substance. It is not a defense that the individual had a valid permit to carry a concealed weapon.

A person convicted of the offense shall be imprisoned in the county jail for a maximum of 6 months, be fined a maximum amount of $500, or both.


Possession or Use of Machine Gun in Connection with a Crime

Possession or use of a machine gun in the perpetration or attempted perpetration of a crime of violence is at this moment declared to be a crime punishable by incarceration in the state penitentiary for a minimum of 20 years.


Additional Resources

Montana Gun Laws – Visit the official website of the NRA to read more about gun laws in the state of Montana

Montana Background Checks – Visit this site to learn more about background checks for firearms in Montana along with how the state of Montana is trying to prevent gun violence.


Finding a Weapon/ Firearm Offense Attorney in Helena, MT

If you or someone you know was arrested for a firearm or weapon offense in Montana, you need to discuss your case immediately and confidentially with an experienced Montana criminal defense attorney. Greg Beebe is prepared to assist you, no matter what criminal charges you face. His familiarities with the courts can help people accused of firearm offenses avoid the most severe criminal penalties.

Greg Beebe will fight and defend anyone in the State of Montana and residents in Lewis and Clark County, Missoula County, Gallatin County or other Montana communities. His office is conveniently located at 1085 Helena Avenue in Helena, Montana, between Idaho Avenue and North Dakota Avenue. Give him a call today at 1 (406) 442-3625.


This article was last updated on Friday, August 5, 2016.

Location:

Beebe Law Firm - Criminal Defense & DUI
1085 Helena Ave. Helena, MT 59601