English
EspañolIf the abuser has been convicted of a crime, can they have or buy a gun?
In Montana, a person cannot have a firearm if they have been convicted of a felony for which they:
- received an additional sentence for use of a dangerous weapon or a similar penalty in another state; or
- are currently required to register for the sexual or violent offender registry.1
Also, if someone is convicted of partner or family member assault, the judge could prohibit them from having or using the specific firearm used in the assault.2
1 Mont. Code § 45-8-313(1)
2 Mont. Code § 45-5-206(7)
How can I find out if the abuser has been convicted of a crime?
Criminal records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.
Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.
To read more about the NICS, please see the question What will happen if the abuser tries to purchase a gun?
