A state advisory body voted last week to move forward draft legislation that would prohibit people convicted of domestic assault in Montana from purchasing or possessing firearms — a gap in state law that currently allows such individuals to legally own guns. The Criminal Justice Oversight Council approved the measure 9-to-7, sending it toward consideration in the 2027 legislative session.
Montana law has long lagged behind federal statute on this issue. Federal law already bars firearms possession for those convicted of misdemeanor domestic violence offenses, but a quirk in how Montana classifies certain assault convictions has meant some domestic violence offenders fall outside that federal prohibition and face no corresponding state-level restriction. Advocates for survivors have pushed to close the gap for years.
The 9-to-7 vote signals the proposal will face resistance when it reaches the Legislature. Montana's legislative sessions are famously compressed — 90 days held every other year — and bills dealing with gun rights reliably draw significant floor debate and committee opposition in a state where Second Amendment protections command broad political support.
For Lewis and Clark County residents, the issue has local resonance. Helena-area advocates and law enforcement have both noted the practical difficulties that arise when a domestic violence offender is legally prohibited under federal law but enforcement becomes murkier under state statutes. The 2027 session begins in January.