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I was told 3 1/2 years ago that after getting a P.F.M.A. I

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I was told 3 1/2 years ago that after getting a P.F.M.A. I would be able to get my gun rights back so that I would be able to hunt again. How do I go about ing doing that in the state of Montana? Who do I see or call?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Samuel II replied 7 years ago.

hi

 

what was your conviction for - and try as I might I cannot find PFMA - can you tell me what that stands for, please?

Expert:  LawHelpNow replied 7 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you seeing another legal expert has chosen to opt out. To provide you with accurate information, could you please clarify this point:

 

  1. Was your partner or family member assault (PFMA) conviction a felony or a misdemeanor?
  2. Have you completed all components of your sentence?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer: replied 7 years ago.

 

I want to say it's a misdemeanor...pretty sure that's what Monatana has it as.

Yes I have completed all components of my sentence 3 years ago. The spouse even tried to get them to drop all charges, telling them that she over reacted. The state does what they want regardless.

I was informed that at some time or another I would be able to have my record a sponged to where I could go hunting again or just have a gun.

Expert:  LawHelpNow replied 7 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney, and I will be glad to try and answer your question seeing another legal expert has chosen to opt out. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional requested information, which was helpful to my analysis of your inquiry. I hope that everything gets resolved appropriately in this situation.
  2. As jurisdictions go, Montana is a very favorable state in this regard. It looks you were convicted of misdemeanor partner or family member assault (PFMA) pursuant to Montana Code Annotated § 45-5-206. Note that the language of the statutes provided: "The court may prohibit an offender convicted under this section from possession or use of the firearm used in the assault." [emphasis added in italics]
  3. Depending upon the particulars of your situation -- namely the exact wording of the judgment of sentence as well as whether or not a firearm was involved in the incident -- there is actually some relief already afforded to you automatically pursuant to Montana Code Annotated § 46-18-801. These provisions are practically the exact opposite of the situation in some states, which demonstrates the intent of the legislature here. Note that the latter provision provides, where the sentence has expired or the person has been pardoned, that: "...the person is restored to all civil rights and full citizenship, the same as if the conviction had not occurred."
  4. The botXXXXX XXXXXne here is that there is an excellent chance that you may not have to take any formal action in court, which is of course very good news. The first step would be to carefully review the actual terms of your sentence. After doing so, if you have any lingering doubt about where you stand it would be prudent to confer with a local criminal defense attorney. You could do that for a very minimal fee by using the State Bar of Montana Lawyer Referral and Information Service. Another place worth checking would be to contact the Office of the State Public Defender for your region.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

LawHelpNow, Attorney/Lawyer
Category: Criminal Law
Satisfied Customers: 7639
Experience: Relax. Let's work together. Practical solutions.
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