DUI and Gun Rights in Montana
Montana values both gun rights and public safety—but a DUI conviction can threaten your Second Amendment protections.
Misdemeanor DUI
Generally does not affect firearm ownership
BUT convicted individuals may still face restrictions depending on court conditions
Felony DUI
Automatically strips your gun rights under state and federal law
Causes severe long-term consequences:
Inability to legally own, carry, or possess firearms
Additional restrictions and background-check failures
When Does a DUI Become a Felony in Montana?
In Montana, a DUI becomes a felony when it’s your fourth or subsequent offense in your lifetime. The state uses a “lifetime lookback”, meaning every prior DUI conviction counts—no matter how long ago it happened.
Felony DUI (4th Offense or More):
- Prison Time: 13 months to 5 years (can increase depending on aggravating factors)
- Fines: $5,000 to $10,000
- License Suspension: Permanent revocation (with potential eligibility for reinstatement after several years)
- Additional Penalties: Long-term alcohol treatment, ignition interlock device, probation, and possible forfeiture of driving privileges
Other circumstances may lead to aggravated DUI charges (not necessarily a felony), such as:
- Driving with a passenger under 16
- Causing serious injury or death
- Having a very high BAC (e.g. 0.16% or higher)
Loss of Gun Rights
A felony DUI conviction in Montana results in automatic loss of firearm rights under both state and federal law. You are legally prohibited from:
- Purchasing a firearm
- Owning or possessing firearms or ammunition
- Holding a concealed carry permit
These restrictions apply indefinitely unless your rights are restored through a pardon or legal process, which can be time-consuming and difficult to achieve.
The best chance you have to not have your gun rights stripped is to get a competent lawyer who can build a strong defense for your case.
Charged With DUI in Montana? We’re Here to Help.
A DUI conviction can impact your job, your license, and your future. But you have options—and a strong defense can make all the difference.
Contact Maldonado Law, PLLC for a free consultation today. We serve clients throughout Western and Central Montana, including Missoula, Butte, Hamilton, and surrounding areas.
