Montana Gun Charges Defense Attorneys Defending Your Second Amendment Rights

Gun-related criminal charges in Montana carry serious and lasting consequences. These include time in jail or prison, permanent loss of your Second Amendment rights, and a damaging criminal record. At Stevenson Law Office, our Montana gun charges defense attorneys know the stakes. We provide strategic, aggressive representation to protect your future. Whether you are accused of unlawful possession, carrying without a valid permit, or handling a restricted weapon, we stand ready to defend you in any court across the state.

Montana’s firearm laws may seem lenient on the surface, but violations often lead to severe penalties. Carrying a weapon in a restricted area, transporting firearms improperly, or possessing one during another crime can turn into a felony. That is why anyone accused of a gun crime needs counsel that understands both Montana’s gun culture and its legal system. The legal team at Stevenson Law Office brings years of hands-on experience defending gun cases in Billings, Missoula, Bozeman, Great Falls, Helena, and surrounding communities.

Time is critical after an arrest or investigation. Prosecutors in Montana build cases quickly, often using small pieces of evidence to pursue large charges. An attorney from our office can take immediate steps to challenge the evidence, protect your rights, and push back against prosecutorial overreach. We understand how Montana firearm laws work under the Montana Department of Justice, which explains firearm enforcement responsibilities. If you are facing charges or under investigation, contact Stevenson Law Office without delay.

Why You Need an Experienced Criminal Defense Attorney in Montana

Gun charges in Montana can escalate quickly and lead to outcomes that permanently affect your freedom and rights. Having an experienced criminal defense attorney from Stevenson Law Office can make a decisive difference in how your case unfolds. Navigating Montana’s firearm statutes requires more than general legal knowledge. It demands a deep understanding of both Montana’s judicial system and federal gun laws that may apply. The stakes are too high to trust your future to a lawyer without proven success in weapons-related cases.

Personalized Legal Support for Montana Gun Charges

Each gun case is unique, shaped by the location of the arrest, the specifics of the alleged weapon, and your own background. Stevenson Law Office treats every client as an individual. We analyze police reports, scrutinize search procedures, and challenge improper evidence collection. Our goal is to identify any procedural or constitutional flaw that can work in your favor.

We also understand the personal stress that gun charges cause. These accusations threaten more than your liberty. They affect your job, your family, and your ability to legally carry a weapon in the future. We work one-on-one with clients to explain each step of the legal process, giving you confidence that your rights are being fully defended. No two cases are the same, and our custom strategies reflect that.

Experienced Gun Crime Lawyer Serving All Montana Regions

Montana gun laws vary in how they are enforced across different jurisdictions. A charge handled one way in Missoula may be prosecuted very differently in Yellowstone County or Lewis and Clark County. Stevenson Law Office has extensive experience handling firearm cases across Montana. We are familiar with local court procedures, prosecutors, and the varying enforcement priorities of different counties.

We bring that regional experience to every case, tailoring your defense to the specific courtroom where your case will be heard. Whether you are accused of carrying without a permit, possessing a prohibited weapon, or using a firearm during a criminal act, we provide aggressive representation built on decades of legal success. Our attorneys know how to negotiate with prosecutors, prepare for trial, and present strong defenses to judges and juries throughout the state.

Concealed Carry and Permit Violations in Montana

Montana recognizes the constitutional right to carry firearms, but there are strict rules about how and where they can be carried. Individuals who carry a concealed firearm without following the state’s permitting laws or local restrictions may face criminal charges. Even though Montana allows permitless carry for eligible individuals, you can still be arrested for carrying a concealed weapon in government buildings, schools, or private businesses that prohibit firearms.

Understanding these nuances is essential to your defense. A conviction for a concealed carry violation may result in jail time, fines, and the suspension of your right to carry a firearm in the future. At Stevenson Law Office, we examine the facts surrounding your arrest to determine whether your rights were violated or if law enforcement overstepped its legal authority.

Penalties for Firearm Offenses in Montana Can Be Severe and Long Lasting

A conviction for a firearm-related offense in Montana can lead to wide-reaching consequences that affect nearly every part of your life. These penalties go well beyond the courtroom and often continue long after a sentence is served. At Stevenson Law Office, we understand the full weight of these charges. We build defenses that not only challenge the evidence but also aim to protect your long-term future. Whether the accusation involves unlawful possession, use of a firearm during a crime, or carrying in a restricted area, the legal consequences are serious.

Criminal Consequences for Montana Gun Crimes

When someone is charged with a firearm offense in Montana, they may face either a misdemeanor or a felony classification. Misdemeanor convictions can still lead to incarceration in county detention centers, supervised probation, or restrictions on future firearm possession. Felony convictions carry even steeper penalties and more lasting effects. In many counties, courts also assign conditions such as mandatory community service, weapon forfeiture, or mandatory completion of safety training programs. These sanctions can be applied even when no one was physically harmed during the alleged incident.

Felony firearm charges can arise from allegations such as brandishing a weapon, carrying a prohibited weapon, or possessing a firearm as a restricted person. These charges can also be enhanced when paired with accusations of drug crimes, assault, or threats of violence. Convictions may result in the loss of personal freedoms and subject the individual to supervision by the Montana Department of Corrections for years. Many firearm offenses are treated as crimes against public safety, which means the penalties are enforced with little leniency by prosecutors or judges.

Incarceration in County or State Facilities

Convictions for gun-related offenses in Montana frequently lead to time behind bars. A misdemeanor conviction might result in a short stay in a county detention center, while a felony conviction can lead to incarceration in a state correctional facility. Depending on the nature of the charge and the individual’s prior criminal history, prison terms may range from one year to over a decade. In some circumstances, the court may impose suspended sentences with mandatory conditions, such as electronic monitoring or regular reporting to a probation officer.

Firearm crimes that involve the use of a gun during the commission of another crime are more aggressively prosecuted and are more likely to result in lengthy prison terms. Prosecutors often push for the maximum sentence, especially when the firearm is alleged to have been discharged or brandished in a threatening way. At Stevenson Law Office, we work to present evidence that challenges the assumptions made by prosecutors and argue for reduced or alternative sentencing whenever possible.

Loss of Gun Ownership and Concealed Carry Rights

A firearms conviction can lead to the immediate and long-term suspension of your right to legally possess or carry a weapon. In Montana, individuals convicted of certain crimes may lose their right to own firearms under both state law and the federal Gun Control Act. This can apply to both violent and non-violent felony convictions, and in some cases, even to misdemeanor offenses involving domestic disputes or threats. Losing your Second Amendment rights affects your ability to protect yourself, hunt, and participate in Montana’s strong gun-owning culture.

Concealed carry permits may also be revoked or denied, even if the underlying conviction does not directly relate to unlawful concealment. Stevenson Law Office understands the procedural rules that govern permit suspension and revocation. We fight to protect your eligibility and challenge any legal action that would permanently remove your right to bear arms. Our legal strategies aim to secure outcomes that avoid disqualifying convictions or restore your rights through expungement or legal relief when allowed by law.

Criminal Records and Long Term Social Impact

A gun crime conviction in Montana becomes a permanent part of your criminal history. This record can be seen by employers, licensing agencies, landlords, and background screening firms. Even a single firearm conviction can derail job applications, block professional certifications, and cause rejection from rental housing or educational institutions. The stigma of a criminal conviction can follow you long after the sentence has been served, even if the offense involved no actual violence or harm.

The reputational damage can also extend to your personal life. Friends, colleagues, and community members may view you differently after an arrest or conviction, even if you were wrongfully accused. At Stevenson Law Office, we understand that your reputation and future matter just as much as your legal defense. That is why we work to resolve gun charges in ways that protect your name, your rights, and your record. We pursue every available legal path to avoid convictions and reduce the visibility of prior offenses where the law allows.

Legal Defense Strategies for Montana Gun Charges That Protect Your Rights

Montana gun crime cases often involve aggressive prosecution and complex state or federal laws. But an arrest does not mean a conviction. At Stevenson Law Office, we build strong defenses rooted in fact, law, and your constitutional rights. Each defense is custom-designed based on the specific charges, the alleged conduct, the location of the incident, and the strength of the state’s evidence. We fight to expose legal flaws, suppress inadmissible evidence, and argue for complete dismissal or a reduction in charges.

Challenging Illegal Search and Seizure of Firearms

Many Montana gun arrests begin with an unlawful vehicle search, home search, or body search. Law enforcement must follow strict rules under the Fourth Amendment and Montana’s Constitution. If a firearm was discovered during a traffic stop or during a home visit without a proper warrant or legal justification, the weapon and related evidence may be thrown out. This kind of suppression can weaken or destroy the prosecution’s case.

We examine how officers conducted the stop or search. If they lacked probable cause or violated your rights, we file motions to suppress the evidence and seek dismissal of all related charges. Illegal search and seizure is one of the most powerful defenses in gun-related cases, especially when possession is the only evidence against you.

Asserting Lack of Actual or Constructive Possession

In some Montana gun cases, the prosecution cannot prove that you knowingly possessed the firearm in question. Just being near a weapon does not prove ownership or control. The state must show that you had actual possession or exercised control over the firearm. If a weapon was found in a shared home, a friend’s car, or a public area, the prosecution’s burden is much harder to meet.

At Stevenson Law Office, we use testimony, forensic reports, and witness statements to prove that you were not in possession of the weapon. We highlight inconsistencies in the state’s case and argue that someone else could have owned or controlled the firearm. This defense is especially effective when no fingerprints or physical evidence link the gun to you directly.

Presenting Self Defense and Justified Weapon Use

Montana law allows for self-defense in certain situations involving firearms. If you used or displayed a gun because you believed you were in imminent danger, this may be a complete defense to the charges. The law requires that your belief was reasonable and that your response was proportionate to the threat you faced. You must also not have been the initial aggressor and must not have had a safe way to avoid the confrontation.

Our attorneys gather evidence such as surveillance footage, witness testimony, and expert opinion to support a self-defense claim. We demonstrate that you acted to protect yourself or someone else under Montana’s legal framework. Self-defense arguments are often critical in cases involving firearm display, brandishing, or discharge, especially in domestic or public altercations.

Fighting Charges Based on Permit Status and Gun Ownership Eligibility

In Montana, certain gun charges stem from issues with concealed carry permits or allegations that you are prohibited from possessing a firearm. However, law enforcement frequently misapplies eligibility rules or ignores valid permits. If your permit was valid, recently expired, or improperly flagged, you may have a strong defense against the charge.

Our legal team investigates your permit history, criminal record, and the precise language of Montana’s carry laws. We also explore whether any administrative errors or false assumptions led to your arrest. In many cases, we can demonstrate that you had a legal right to possess or carry the weapon at the time. This defense can result in dropped charges or eligibility for a deferred resolution that protects your record. 

Common Prohibited Uses and Firearm Violations in Montana

Montana gun laws protect the right to bear arms but still enforce strict limits on how, where, and when firearms can be used. Many people are surprised to learn they violated state law due to technical errors, lack of awareness, or false assumptions about open or concealed carry rights. At Stevenson Law Office, we defend clients charged with prohibited weapon use, negligent discharge, and other gun-related offenses. A conviction for any of these violations can result in serious legal and social consequences, including loss of gun rights and criminal records that follow you for life.

Reckless or Negligent Discharge of a Firearm

Firing a weapon without caution or in an unsafe environment can lead to criminal prosecution in Montana. State law prohibits discharging a firearm in a manner that endangers others or damages property. This applies to both urban and rural areas, especially when the firearm is used in homes, schools, businesses, or public roads. Reckless discharge laws also apply to celebratory gunfire and accidental shootings that result from improper handling.

Our firm carefully examines the conditions surrounding the incident. If the discharge was accidental and no harm occurred, or if the firearm was used safely on private property, we argue that no crime was committed. In cases involving alleged recklessness, we challenge the credibility of witnesses and the interpretation of evidence. The goal is to reduce or eliminate charges that could otherwise harm your record and restrict your right to own firearms in the future.

Displaying or Pointing a Firearm at Another Person

Brandishing or aiming a gun at another individual, even without firing, is considered a criminal offense in Montana. These charges often arise during arguments, road rage incidents, or personal disputes. The prosecution must prove that you intentionally or knowingly pointed the weapon in a threatening or reckless way.

This charge may be enhanced if a child or law enforcement officer was involved. At Stevenson Law Office, we build defenses based on context, witness reliability, and whether the firearm was loaded or operable. We also evaluate if the action occurred during lawful self-defense. Many cases collapse when the evidence shows no intent to harm or when the gun was never used aggressively.

Evaluating Witness Statements in Brandishing Allegations

Witness accounts can heavily influence the outcome of a firearm display case. These statements are often subjective, inconsistent, or emotionally charged. Our legal team reviews all interviews and recorded statements to identify contradictions, biases, or factual errors.

We also examine police body cam footage, surveillance videos, and 911 call transcripts to establish an accurate timeline of events. If the witness exaggerated the threat or misidentified the weapon, we use that to weaken the state’s argument. Successful challenges to witness credibility often result in reduced charges or full case dismissal.

Establishing Intent and Context in Firearm Display Cases

Intent is a key factor in firearm display charges. Simply holding or showing a gun is not a crime unless it is done in a threatening way. We argue that your actions were misinterpreted or that you displayed the weapon for lawful reasons, such as alerting others during a perceived threat.

Our attorneys present evidence showing that you made no verbal threats, did not advance on the other party, and acted within your rights. We also look into whether the other person instigated the encounter or posed a danger to you. When context supports self-defense or lawful carry, we work to have the charges dismissed or significantly reduced.

Carrying a Loaded Firearm While Under the Influence

It is illegal in Montana to carry or control a loaded firearm while under the influence of alcohol or drugs. This includes both concealed and openly carried weapons. The law applies whether or not the firearm was discharged or used in any threatening way. Officers may make arrests based solely on impairment and proximity to a loaded weapon.

We analyze the method and accuracy of any field sobriety tests, chemical tests, and officer observations. If your rights were violated or if the impairment allegations are unsubstantiated, we move to suppress that evidence. Our goal is to show that you were not impaired, did not handle the weapon, or were in lawful possession with no intent to use the firearm in a dangerous manner.

Possessing a Firearm on Restricted Public Property

Certain locations in Montana strictly prohibit the presence of firearms, regardless of permit status. These areas include schools, federal buildings, courthouses, and some government offices. Violations can occur even when the weapon is never drawn or used. These cases often involve accidental entry or lack of visible signage.

Our attorneys investigate whether you were given proper notice, whether the firearm was secured, and whether you were actively using the weapon. We also challenge charges when the law enforcement encounter occurred outside the restricted zone or involved illegal search procedures. In many cases, we can argue for dismissal or alternate resolutions that do not carry criminal penalties.

Possession of Prohibited or Modified Firearms

Montana law, in conjunction with federal regulations, restricts certain types of firearms and weapon modifications. Common examples include sawed-off shotguns, automatic weapons, suppressors without federal approval, and firearms with altered serial numbers. Possession of these items can result in felony charges, especially when tied to other criminal allegations.

We examine whether the firearm meets the technical definitions of a prohibited weapon. In many cases, individuals are unaware that a weapon’s design or modification violates the law. We also evaluate how the weapon was discovered and whether it can be linked directly to you. If the firearm was found in a shared space or lacked proper evidence of ownership, we pursue dismissal on those grounds.

Challenging Forensic Analysis and Weapon Classification

Forensic evidence is often used to determine whether a weapon is prohibited. However, law enforcement can make mistakes when identifying firearm types or modifications. We consult independent firearm experts to challenge these findings.

We may also argue that the firearm was incomplete, inoperable, or did not meet the legal threshold for prohibition. These defenses are especially important in federal cases, where enhanced penalties may apply. By questioning the accuracy of forensic conclusions, we create doubt and open the door for reduced charges or acquittal.

Establishing Lawful Possession and Lack of Knowledge

Even if the weapon was illegal, prosecutors must still prove that you knew about its status and possessed it knowingly. Many Montana firearm arrests involve inherited guns, borrowed weapons, or mistaken ownership. We build defenses showing that you did not know the weapon was illegal or that you had no intent to use it unlawfully.

We also explore whether someone else in the vehicle or household was the true owner. When the facts support a lack of knowledge or control, we use that to seek full dismissal or diversion options that avoid a permanent conviction.

Leaving Unattended Loaded Firearms in Public Areas

Leaving a loaded firearm unattended in a vehicle, public park, or unsecured location can result in criminal charges under Montana law. These cases are prosecuted under statutes designed to protect public safety. Charges may be filed even if no one was injured or harmed.

We review the timeline of the incident, the visibility of the weapon, and the security of the location. If the firearm was not loaded, or if it was secured in a legal and responsible manner, we argue that no violation occurred. In many cases, we demonstrate that any mistake was unintentional and that corrective action was taken immediately after discovery.

Who Cannot Legally Possess a Firearm in Montana Under State and Federal Law

Montana strongly supports the right to bear arms, but certain individuals are legally barred from owning, purchasing, or possessing firearms. These restrictions are enforced under both Montana state law and federal law. Violating these laws can result in serious felony charges, including long-term incarceration and permanent loss of firearm rights. At Stevenson Law Office, we represent clients accused of illegal firearm possession and work to challenge both the factual and legal basis for those charges. Knowing whether you fall under a restricted category is essential for building a proper defense.

Convicted Felons and Firearm Ownership Restrictions

Individuals convicted of a felony offense are generally prohibited from possessing firearms in Montana. This restriction applies regardless of whether the original conviction occurred in Montana or in another state. The law does not distinguish between violent and non-violent felonies when it comes to firearm rights. Once convicted, the individual may be permanently disqualified from legally owning or purchasing a weapon.

Our legal team investigates whether the underlying conviction qualifies as a disqualifying offense under Montana or federal law. In some cases, past convictions may not meet current standards, or they may be eligible for expungement. We also examine the validity of the original case to determine if restoration of rights is possible through legal action.

Individuals With Active Protective or Restraining Orders

Montana courts issue protective and restraining orders in cases involving domestic violence, harassment, or threats. Individuals named in these orders are typically barred from possessing or accessing firearms for the duration of the order. Violating this restriction can result in new criminal charges and mandatory firearm surrender.

We review the terms of the protective order and the circumstances under which it was issued. If the order was obtained without due process or if it was misapplied, we may argue that the firearm restriction is invalid. We also help clients respond to the civil proceedings that often accompany these orders, seeking modifications that restore gun rights where appropriate.

Domestic Violence Convictions and Firearm Ban

A conviction for a domestic violence offense, even as a misdemeanor, may result in the loss of your right to own or carry a firearm. Federal law prohibits firearm possession for individuals convicted of crimes involving domestic violence, including assault, threats, or battery against family members or intimate partners.

Stevenson Law Office defends clients charged under these provisions by examining the factual basis of the conviction and whether the charge meets the federal definition of a domestic violence offense. We work to reduce charges, challenge findings of guilt, and identify legal options to preserve or restore your rights.

Mental Health Commitments and Adjudications

Under Montana law, individuals who have been adjudicated as mentally unfit or who have been involuntarily committed to a mental health facility may be restricted from firearm possession. These cases involve court findings that the person is a danger to themselves or others or is incapable of making responsible decisions about firearm use.

We carefully review the record of commitment or adjudication and determine whether the court’s findings meet the legal standard for firearm prohibition. In cases involving voluntary treatment or temporary mental health concerns, we may argue that restrictions do not apply. We also assist clients in petitioning for the restoration of rights once treatment is complete and the individual is deemed stable.

Non Citizens and Undocumented Immigrants

Montana residents who are not U.S. citizens may face restrictions on firearm possession based on their immigration status. Federal law prohibits undocumented immigrants and certain non-immigrant visa holders from owning or transporting firearms. Lawful permanent residents and certain visa holders may still be eligible under specific conditions.

Our attorneys work with clients to determine whether their immigration status legally permits gun ownership. We also examine the timing and documentation of the arrest to determine whether law enforcement followed proper procedures. If the restriction is based on immigration alone, we coordinate with immigration counsel to explore lawful remedies.

Why You Should Call Stevenson Law Office if You Are Facing Gun Charges in Montana

When your freedom, rights, and record are at stake, choosing the right attorney can make all the difference. At Stevenson Law Office, we provide aggressive and knowledgeable defense for gun charges across the entire state of Montana. From misdemeanor offenses to complex federal firearm allegations, our team is prepared to take swift action to protect your future.

We understand that a gun charge can feel overwhelming. Law enforcement and prosecutors move fast to build a case against you. That is why you need an attorney who can respond immediately, challenge the evidence, and fight back with a strategy built for success. Stevenson Law Office delivers focused legal support backed by years of courtroom experience and a deep understanding of Montana’s firearm laws.

✔ We Defend All Firearm Charges, Both State and Federal
Whether you are facing accusations in a local county court or in federal court, we are ready to help.

✔ We Fight to Preserve Your Gun Rights and Keep You Out of Jail
We know how to protect your Second Amendment rights and avoid outcomes that damage your record or future.

✔ We Understand Montana’s Unique Gun Laws and Court System
From Billings to Bozeman, we know how firearm laws are enforced differently across counties, and we tailor your defense accordingly.

✔ You Speak Directly With a Defense Attorney From Day One
We never pass your case to junior staff. Your defense is built and managed by an experienced gun charges lawyer from start to finish.

✔ We Respond Quickly and Take Immediate Action to Protect You
Time matters in criminal cases. We begin working on your case the moment you contact our office.

📞 Call us now to speak directly with a Montana gun crime attorney

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