Montana Code Annotated

Mont. Code Ann. § 45-8-313 (2026)

Unlawful Possession Of Firearm By Convicted Person

✓ current as of May 2026
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TITLE 45. CRIMES

CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER

Part 3. Weapons

Unlawful Possession Of Firearm By Convicted Person

45-8-313. Unlawful possession of firearm by convicted person. (1) 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 person has been convicted of:

(a) a felony for which the person received an additional sentence under 46-18-221;

(b) an offense under the law of another state or of the United States that is equivalent to an offense that when committed in Montana is subject to an additional sentence under 46-18-221; or

(c) a felony for which the person is currently required to register for the sexual or violent offender registry.

(2) A person convicted of unlawful possession of a firearm by a convicted person shall be imprisoned in a state prison for not less than 2 years or more than 10 years.

(3) A person who has been issued a permit under 45-8-314 may not be convicted of a violation of this section.

History: En. Sec. 2, Ch. 555, L. 1995; amd. Sec. 1, Ch. 386, L. 2021.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2026 · leading case: State v. J. McKnight, 2025 MT 288 (Mont. 2025).
State v. J. McKnight, 2025 MT 288 (Mont. 2025). · cites it 2× “The court cited 1 McKnight was also charged with Criminal Possession of Dangerous Drugs with the Intent to Distribute, a felony, in violation of § 45-9-103, MCA; Criminal Endangerment, a felony, in violation of § 45-5-207, MCA; Unlawful Possession of a Firearm by a Convicted…”
State of Iowa v. Austin Dean Mahana (Iowa 2026). “070 (2022); Mont. Code Ann. § 45-8-313 (2022); Neb. Rev.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.