Montana Code 45-8-314. Lifetime firearms supervision of certain convicted persons
45-8-314. Lifetime firearms supervision of certain convicted persons. (1) For the purposes of rehabilitation and public protection, a person convicted of an offense referred to in 45-8-313 shall, as part of the sentence imposed, be sentenced to life supervision by the state for the purpose of restricting the person’s right to purchase and possess firearms. Active supervision by a probation or parole officer is not required but may be imposed by the court. “Supervision” means that the person may not violate 45-8-313 and must comply with other state and federal law restrictions on the purchase and possession of firearms.
Terms Used In Montana Code 45-8-314
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)(a) A person subject to subsection (1) may apply to the district court for the county in which the person resides for a permit to purchase and possess one or more firearms. The person shall show good cause for the possession of each firearm sought to be purchased and possessed. The grant or denial of the application does not prevent the person from making another application, except that if an application is denied, another application may not be made for the next 12 months.
(b)The application must contain the following information:
(i)the person’s full name and any past or present aliases;
(ii)the person’s date and place of birth;
(iii)the person’s address;
(iv)the person’s occupation;
(v)the make and model of each firearm sought to be purchased and possessed;
(vi)the date and place of each conviction of an offense referred to in 45-8-313, the name of the offense, the state and county in which the offense occurred, the sentence imposed, the place or places of incarceration, and the date of discharge from supervision for the last offense;
(vii)the name and business address of the person’s last probation or parole officer; and
(viii)any other information considered necessary by the court.
(c)The person shall, at the time of filing the application with the court, mail a copy to the county attorney and county sheriff.
(d)The county attorney or county sheriff may file a written objection with the court. If no objection is filed, the court may grant the permit if it finds that the person has shown good cause to purchase and possess the firearm or firearms listed in the application. If an objection is filed, a hearing must be held within 60 days after the filing of the objection. If the court first finds that the person has shown good cause to purchase and possess the firearm or firearms listed in the application and that, but for the objection, the court would have granted a permit, the court shall decide whether the objection is valid and overrides the good cause showing and requires denial of the permit.