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New Federal Gun Rights Restoration Rule: What You Need to Know

Wed, 30 Sep 2026 16:38:47 GMT

September 2026 Update

The U.S. Department of Justice (DOJ) has created a new process that lets people who are banned from owning guns under federal law apply to get their gun rights back. This process is based on a federal law called 18 U.S.C. § 925(c). The final rule took effect on September 21, 2026, with applications opening in stages thereafter. The long-awaited change was announced by the U.S Department of Justice on August 17, 2026.

When Can I Apply?

The DOJ is rolling out the application process in stages:

September 21, 2026 — The new rule takes effect.
September 25, 2026 — Applications open for invited candidates only.
November 4, 2026 — Applications open to the public; the first 5,000 people can apply.
January 4, 2027 — An additional 500 public applicants can apply, and a $30 application fee begins.

Keep checking the DOJ's Federal Firearm Rights Restoration Program website for updates on when you can submit your application.

What Is This Program?

Federal law bans certain people from owning, carrying, or receiving guns or ammunition under 18 U.S.C. § 922(g). The new DOJ program gives those people a way to ask the Attorney General to restore their gun rights.

To approve an application, the Attorney General must find that the person is not likely to be dangerous to public safety and that restoring their rights is in the public interest .

Who Can Apply?

Anyone who is federally banned from possessing guns or ammunition under § 922(g) may be able to apply. But being able to apply does not mean you will be approved.

The final rule includes a list of presumptive disqualifiers — reasons that will likely lead to a denial unless you can show extraordinary circumstances. These disqualifiers fall into several groups:

Current-status disqualifiers
Permanent disqualifiers
Ten-year disqualifiers
Five-year disqualifiers
Reapplication disqualifiers

Important: The DOJ can look at the actual conduct behind a conviction — not just the name of the charge. This means a full review of your criminal history may be needed.

Permanent Disqualifiers

Some offenses will likely result in a permanent denial, no matter how much time has passed, unless you can show extraordinary circumstances. These include offenses involving:

Death
Rape or sexual assault
Human trafficking
Kidnapping
Domestic or intimate partner violence
Burglary, robbery, or extortion
Carjacking or arson
Certain gang or racketeering offenses
Assault or battery
Stalking, terrorism, or witness tampering

Attempting, helping with, or conspiring to commit these offenses may also count. Because the DOJ looks at what actually happened — not just the charge title — reviewing charging documents, plea agreements, judgments, sentencing records, and other criminal records may be necessary.

Five- and Ten-Year Disqualifiers

Some applicants face a waiting period before they can qualify:

Ten-year disqualifier : Applies to certain offenses after the sentence is completed.
Five-year disqualifier : Applies to other felony convictions and certain violent misdemeanors.

For example, if within the past five years you were convicted of — or served any part of a sentence for — a felony or certain misdemeanors involving assault, battery, stalking, or threats of violence, your application will likely be denied unless extraordinary circumstances apply.

Knowing exactly when your sentence ended is an important part of figuring out whether you are eligible.

What Does the Application Require?

Applying is not as simple as filling out a short form. The DOJ's extensive application process includes several steps:

Checking for presumptive disqualifiers
Gathering required documents (see guide on documents here)
Completing the application
Submitting electronic fingerprints
Getting character references
Responding to questions from DOJ restoration specialists

Depending on your situation, you may need to provide:

Criminal court records
Records about your federal firearm disability
Criminal history reports
Sentencing information
Other government records

Criminal History Records

You must provide state criminal records covering the last 25 years, or since age 18 — whichever period is shorter. This must cover every place you have lived and any other place where you have been arrested during that time.

Records for Prior Felony Convictions

If you are banned under § 922(g)(1) because of a state or federal felony conviction, you may need to provide:

Charging documents
Plea agreements
Judgments of conviction
Presentence reports (if applicable)
Sentencing records
Proof that you completed your sentence and supervision

Electronic Fingerprints

You must submit electronic fingerprints as part of the application. The DOJ states that fingerprints collected anywhere other than the USPS electronic process will not be accepted . Check the list of eligible USPS locations through the DOJ's application portal.

Character References

You must provide three character references . These references must speak to your character and whether you would be a danger to public safety if allowed to own a firearm. References must address topics such as:

Past criminal conduct
Drug or alcohol use
Threats of violence
Your overall character and reputation

You will also need to make statements yourself, under penalty of perjury, about these same kinds of topics.

Start Gathering Records Now

You should start collecting documents before your application window opens. Getting old court records, sentencing documents, proof that your sentence is complete, and criminal history records from multiple states can take time. You may need to contact courts and government agencies in several states. If you feel overwhelmed or don’t know where to start on gathering these records, this is something our law firm staff can assist you with if hired to help with your application.

The DOJ also has rules for documents that are not in English.

What If Records No Longer Exist?

If certain records are no longer available — and it is not your fault they are gone — you may be allowed to submit a sworn statement instead. This statement must describe what happened, what steps you took to find the documents, and why you could not get them. This option may be especially helpful for older cases.

Incomplete Applications

If your application is incomplete or has errors, the DOJ will give you a chance to fix it. You generally have 30 days to correct the problem and submit the missing documents. If you do not fix the application within that time, it will be considered abandoned .

A Denial Can Affect Your Next Application

Think carefully before filing before you are ready. A denial can create a five-year presumptive disqualifier that affects any future application, depending on why you were denied.

If you were denied because of a five- or ten-year time-limited disqualifier, the DOJ generally advises waiting until that period ends before applying again.

Does Federal Restoration Also Restore State Gun Rights?

No. Getting your federal gun rights restored does not automatically restore your gun rights under state law. Each state may still have its own restrictions that apply to you. You would need to look into whether a separate state process is required and check with legal counsel licensed in that particular state. Our attorneys are licensed in Montana and North Dakota and are limited to commenting on state laws in those states.

How Does the DOJ Decide Whether to Approve?

The DOJ does not just look at whether you have finished your sentence. Under § 925(c) and the new regulations, the DOJ must determine that:

The facts around your disability, and your record and reputation, show that you are not likely to be dangerous to public safety , and
Restoring your rights would not be against the public interest .

The DOJ can consider your full criminal history and other relevant conduct. Its published guidance also explains the rules about presumptive disqualifiers, extraordinary circumstances, and other factors.

How Long Will This Take?

Because the program just launched, it is not yet known how long the DOJ will take to review applications. The DOJ's own regulatory estimate assumed approximately 330,000 potential applicants — but that is just an estimate, not a guarantee of how many people will actually apply.

While waiting for a decision, applicants may be asked to respond to requests from DOJ restoration specialists.

What If My Application Is Denied?

If the DOJ denies your application, you have two main options under 18 U.S.C. § 925(c):

Seek judicial review in the U.S. District Court for the district where you live.
Submit a new application , though the reason for your first denial may create a waiting period or disqualifier affecting the new one.

Check the DOJ's Frequently Asked Questions for current guidance on reapplying.

How Netzer Krautter Law Firm P.C. Can Help You

The attorneys at Netzer Krautter Law Firm P.C. have already begun helping clients with this process. Legal help can improve your chances of approval and help you avoid common mistakes. The firm can:

Screen for presumptive disqualifiers
Review your prior convictions and the underlying conduct
Advise on whether extraordinary circumstances may apply and develop legal arguments
Help identify and gather required records
Help organize your application materials
Review your application before you submit it

Interested in Restoring Your Federal Firearm Rights?

If you are federally banned from owning a firearm because of a prior conviction or another federal firearm disability and want to know whether you should apply under the new DOJ process, fill out Netzer Krautter Law Firm P.C.’s Intake Questionnaire here and someone will be in contact with you about whether we think we can assist you.

The firm's attorneys are licensed in Montana and North Dakota and can assist applicants from anywhere in the United States with this federal process.

Important Note. This article is for general information only and is not legal advice. Whether you qualify for federal firearm rights restoration depends on the facts of your individual case. Restoring federal firearm rights may not remove separate restrictions under state law.

Thinking About Applying for Social Security Disability? Here Is What to Know

Wed, 30 Sep 2026 16:33:54 GMT

If you are sick or hurt and cannot work, you may want to know if you can get Social Security Disability benefits.

Getting these benefits can be hard to understand. There are a few different programs. Each one has strict rules about your health and your work. You may also have to ask for a review more than once. When you learn how it works, you can do things to make your case stronger.

At Netzer Krautter Law Firm P.C. , we help people who were told no on their Social Security Disability claim. Below are answers to some of the most common questions people ask us about Social Security Disability.

What Is Social Security Disability?

The Social Security Administration runs two main programs that pay money to people who have a disability: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) . Both programs use almost the same health rules to decide if an adult has a disability. But each one has different money rules.

Social Security Disability Insurance (SSDI)

Social Security Disability Insurance (SSDI) is for people who have worked and paid Social Security taxes long enough. When you work and pay these taxes, you earn work credits. To get SSDI, you usually need two things: a disability that counts under the rules, and enough work credits.

Supplemental Security Income (SSI)

Supplemental Security Income (SSI) helps people who do not have much money or many things they own. It pays money each month to people who have a disability, are blind, or are 65 or older. SSI is different from SSDI. You do not need work credits to get SSI. Some people can get both SSDI and SSI. The Social Security Administration has more information that explains the differences between Social Security benefits and SSI .

What Does Social Security Consider a “Disability” and Can I Work While Applying for Social Security Disability?

Just having a health problem does not always mean you are disabled under Social Security's rules.

For adults, Social Security usually looks for a health problem of the body or the mind, found by a doctor, that keeps you from doing substantial gainful activity (this is a legal term for a set amount of money you can earn each month, and the amount changes every year). The health problem must also have lasted, or be expected to last, at least 12 months, or be likely to cause death. You can read Social Security's definition of disability and explanation of the disability determination process .

For 2026 , the monthly Substantial Gainful Activity (SGA) dollar limit each month is usually:

$1,690 each month for people who are not blind
$2,830 each month for people who are blind under the law

The big question is not just “What is your health problem?” but instead, “How does your health problem change how well you can work day after day?”

For example, someone may have back pain, depression, anxiety, heart disease, diabetes, arthritis, or nerve pain and still not get disability just from the name of the illness. The proof must show how bad the problem is and how it limits what you can do. Social Security looks at both physical and mental impairments , and it looks at how several problems add up together.

What Medical Evidence Do I Need?

Medical proof is one of the most important parts of your claim.

Social Security looks at many things. This includes your medical records and your past care. It looks at test results and the medicines you take. It also looks at how well you can do daily tasks. And it looks at how your health problems make it hard to work.

Social Security's rules say you must have medical proof of a real health problem. This can be a problem with your body or with your mind. Just telling them how you feel is not enough. You need proof. You can read more in Social Security's Disability Evaluation Under Social Security .

The proof that helps most depends on your health problem. It may include:

pictures of your body, like an MRI, CT scan, or X-ray;
lab tests, like blood tests;
records from any surgery;
notes from physical therapy;
records from mental health care;
brain and thinking tests;
visits with special doctors;
a list of medicines you have taken;
notes that show your symptoms and what you cannot do; and
your doctors' opinions about what you can and cannot do.

A strong claim is not just about how many records you send. What matters most is that the records show what keeps you from working.

Do I Have to Meet One of Social Security's Disability Listings?

Not necessarily.

Social Security has a big list called the Listing of Impairments , also known as the “Blue Book.” This list tells the medical rules for many health problems. It covers problems with your bones and muscles, your heart, your brain and nerves, your mind, cancer, and more. If your health problem meets all the rules in the list, Social Security may decide that you are disabled.

But if your health problem does not match this list, it does not always mean you are not disabled .

Social Security explains this in its overview of the Listing of Impairments . Even if your health problem is not on the list, Social Security does not stop there. It keeps looking at your case in more steps before it decides.

One of these steps looks at your Residual Functional Capacity (RFC) . This is just a simple way of asking what you can still do, even with your health problems in your body and mind.

This matters a lot for people who have multiple medical conditions .

You might have more than one health problem, and no single one may match the list by itself. But when all of your problems are added up together, they may still stop you from working a full-time job.

What Happens If Social Security Denies My Initial Application?

If Social Security says no to your first application, you have the right to ask them to look at it again. But you must do this within the time they give you. Do not give up if you are turned down. Being turned down is common, and it can happen for many reasons, like missing medical records. Many people who apply for SSI or SSDI are turned down one or two times before they are finally approved.

The lawyers at Netzer Krautter Law Firm, P.C. are happy to talk with you about whether they can help you appeal after you are turned down. They can also help you get ready for a hearing with a judge, called an Administrative Law Judge. It is best to call a lawyer soon after you are turned down, not right before your hearing. Calling early gives the lawyer time to look at your case, find weak spots, get more medical records, see if you need more testing, and get your case ready as it moves through the appeal steps.

What does the Initial Application and Appeal Process Look Like?

A claim for SSI or SSDI can go through several steps of review. These steps are:

The first decision on your claim;
A second look, called reconsideration;
A hearing with a judge, called an Administrative Law Judge (ALJ);
A review by the Appeals Council; and
A review by a federal court.

Many disability cases are decided after a hearing with an Administrative Law Judge. At the hearing, you get to explain how your health problems affect what you can do and how you can work. The judge will also listen to a job expert, called a vocational expert. This expert talks about the jobs you did before and whether there are jobs you could do with your health problems.

Getting ready for the hearing is very important. It is one of the main things the lawyers at Netzer Krautter Law Firm, P.C. work on. They help people get ready so they can give the judge the best and strongest information possible.

Why Hire an Attorney After My Claim Is Denied?

A Social Security Disability case is really about proof. A lawyer can look at the papers already in your Social Security file and find spots that need more work. A lawyer can also match your health problems and symptoms to the rules Social Security uses (called the Blue Book) to decide who is disabled.

Depending on your case, a lawyer may help by:

looking at your Social Security file;
getting and sending in new medical records;
finding medical proof that is missing;
checking proof that could hurt your case;
seeing if doctor notes or new tests could help;
helping you get ready to speak;
looking at the jobs you did before;
writing the legal reasons for your case;
asking job and medical experts questions when needed; and
speaking for you at your hearing with a judge.

Getting a lawyer soon after your first denial gives more time to build a strong record before the hearing, instead of trying to fix problems at the last minute.

How Much Does a Social Security Disability Attorney Cost?

Social Security limits how much a lawyer can charge you. Under Social Security's standard fee-agreement process , the lawyer's fee is usually the smaller of two amounts: 25% of your past-due benefits, or the largest dollar amount Social Security allows.

Right now, the most a lawyer can be paid this way is $9,200. This is for cases you win with a good decision made on or after November 30, 2024. The fee comes out of your past-due benefits only if you win, and Social Security must approve it first.

Some cases follow different fee rules. This can happen when a case goes further in the appeals process or to federal court. You may also have to pay other costs tied to your case. This depends on the deal you make with your lawyer.

Can Netzer Krautter Law Firm Represent Me If I Don't Live in Montana or North Dakota? Yes.

Social Security Disability is a federal program. That means the state you live in does not matter. You can live in Montana, North Dakota, or any other state. The attorneys at Netzer Krautter Law Firm, P.C. can still help you with your Social Security Disability appeal.

When Should I Contact Netzer Krautter Law Firm P.C. about Assistance with Social Security Disability?

If you are just starting to apply for disability, you can send your first application to the Social Security Administration yourself. A friend or family member can also help you. Social Security has helpful information about applying for disability benefits and determining whether you may qualify . If you get approved without a lawyer, you will not owe any lawyer fees.

But if your application is denied, that is a good time to call our office. We can talk about helping you. When you get a lawyer early, your lawyer has more time to look at your case, find missing proof, gather your medical records, and get ready for a future hearing.

Call Netzer Krautter Law Firm, P.C. at 406-433-5511 right away after you get a Social Security Disability denial. We can talk about your appeal choices.

This article is only for general information. It is not legal advice. Social Security rules and payment amounts can change. Every disability case is different.

Recently Discovered Mineral Rights in Montana or North Dakota? Here's What You Need to Know

Wed, 30 Sep 2026 16:27:53 GMT

If someone from an oil or gas company just called you or sent you a letter about mineral rights that belonged to your parent, grandparent, or another family member who passed away, you might have just learned about property your family owns that you didn't even know existed. This happens a lot in eastern Montana and western North Dakota. Families in these areas often kept their rights to oil, gas, and minerals even after they sold the land above ground.

Good News and a Challenge

The good news: if a company is contacting you about these mineral rights, they may be worth real money.

The challenge: before you can lease them, sell them, or get paid from them, you usually need to legally transfer ownership from the person who died to the rightful heirs. That's where our law firm can help. Our lawyers are licensed in both Montana and North Dakota, and we regularly help families complete the legal work needed to prove ownership and transfer inherited mineral rights.

Why Is an Oil Company Calling Me About a Relative Who Died?

Oil and gas companies do research on who owns mineral rights before they drill wells or buy leases. Sometimes they find out that the person listed as the owner died years ago—maybe even decades ago—and the mineral rights were never officially passed down to the next generation. The company or their representative will then try to find that person's descendants.

For you, the call might be a surprise: "Your grandmother owned mineral rights here, and we think you may have inherited part of them." The company might want to lease the minerals, buy them, or figure out who should get royalty payments. But just because they found you doesn't mean the legal paperwork is done. That's where a lawyer who knows probate, real estate, and mineral law comes in.

Your Family Can Still Own Minerals Even After Selling the Land

Mineral rights can be separated from the land on the surface. Here's an example: imagine your family owned a ranch in Richland County, Montana, back in the 1950s. When they sold the ranch, the deed might have said they were keeping some or all of the oil, gas, and mineral rights called “reserving.” Years later, your family might not own any land in that county anymore, but they could still own valuable mineral rights under property that someone else now owns.

Those rights can pass down through your family. The problem happens when the paperwork doesn't get updated along with the family tree. A mineral interest might still be listed under your great-grandparent's name, even though they died 40 years ago. Multiple generations may have passed away since then, which means you might need to rebuild the ownership chain before today's heirs can prove clear ownership.

"They Found Me" Doesn't Mean the Title Is Clear

If an oil company or landman already tracked you down as a possible heir, they've done some detective work—but there's often still legal work to finish. Depending on your situation, figuring out who owns what can involve looking at:

The deed or other document that created or kept the mineral rights
Old mineral deeds and transfers
Probate records for the person who died
Wills and trusts
Death certificates
Family relationships and who the heirs are
Whether probate happened in a different state
Whether multiple generations of owners have died
Whether the mineral rights were mentioned in an earlier estate
What fraction each heir or beneficiary owns
The right legal process to put the mineral rights in the current owners' names

Every case is different. A simple one might have one person who died and a few easy-to-identify heirs. A complicated case might involve several generations, many descendants, or probate in multiple states.

You Might Need an Extra Probate or Estate Proceeding

One common situation: a person who lived and died outside Montana or North Dakota but owned mineral rights in one of those states. For example, say your grandfather lived in Minnesota when he died, but he kept mineral rights in eastern Montana. His Minnesota estate might have been fully handled years ago, but the Montana mineral rights might never have been addressed. You might need additional legal proceedings in Montana to officially pass down that Montana property. The same thing can happen with North Dakota mineral rights.

What you need to do depends on the facts—where the person lived, whether they had a will, whether an estate was opened before, how long ago they died, and what the mineral records show. Our lawyers can review your situation and figure out what legal process will work.

What If the Mineral Owner Died a Long Time Ago?

Inherited mineral-rights cases often involve people who died decades ago. The first step is usually figuring out exactly what the person owned and what happened to it after they died. Sometimes the chain is straightforward. Other times, you have to trace ownership through multiple generations.

For example:

Original Owner → Child → Grandchild → Current Heirs

If each person in that chain has died, you may need to look at the legal effect of each death to figure out who owns the mineral rights today and what percentage each person owns.

How Our Law Firm Can Help

If you've been contacted about mineral rights from a relative who passed away, our firm has lawyers licensed in both Montana and North Dakota who can help with the whole process—from the first title question all the way through transferring the mineral rights.

Documents We'll Want to See

It helps if you can gather:

The letter or email from the oil company, landman, or mineral buyer
Any proposed lease, purchase agreement, mineral deed, or other paperwork
The name of the relative who died
When and where they died (approximately)
A copy of their will, if you have one
Information about any probate case
Death certificates, if you have them
Any old deeds or mineral documents the family has
Basic information about who the person's children, spouse, and other possible heirs are

You don't need to find every document before you call us. Part of our job is helping you figure out what documents you actually need and where to get them.

We're Licensed in Both States

Our lawyers are licensed in Montana and North Dakota, so we're in a unique position to help heirs with probate and estate issues, mineral-title questions, title-clearing work, and the legal documents needed to transfer inherited mineral rights in both states. Whether your minerals are in eastern Montana, western North Dakota, or both, we can help determine what your family owns and what needs to happen before the minerals can be leased, sold, or transferred.

Get Started Today

Contact Netzer Krautter Law Firm P.C. at 406-551-1111 to schedule a consultation about inherited mineral rights in Montana or North Dakota.

Important Note: This article gives you general information. It is not legal advice. Mineral ownership, probate, and title issues depend heavily on the specific facts of your case. You should talk to a lawyer about your particular situation.

2026 Could Bring Chance for Restoration of Gun Rights Under Federal 925(c) Program

Mon, 19 Jan 2026 15:00:17 GMT

For decades, millions of Americans have lived under a federal ban preventing them from owning or possessing firearms due to past criminal convictions. Many of these individuals have long since completed their sentences, rebuilt their lives, and become law-abiding citizens — yet they remain barred from exercising their Second Amendment rights.

That could soon change.

A new federal rule proposal may reopen the long-dormant 18 U.S.C. § 925(c) program, which allows qualifying individuals to apply for restoration of their federal firearm rights through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). While it is unknown exactly how many individuals this may apply to, some estimates have this number in the millions.

In July of 2025 the United States Department of Justice published the proposed rule for public comment. In October 2025 the public comment period closed. It is anticipated that sometime in 2026 the final rule will be published and an application process will be opened.

The attorneys at Netzer Krautter Law Firm, P.C. are preparing now to help Montanans and clients nationwide navigate this long-awaited opportunity and try to get ahead of what will almost certainly become a massive backlog of applications.

Montana is a Restorative Rights State

Montana has long recognized the principle that individuals who have completed their sentences should have the opportunity to regain their civil rights. Under Article II, Section 28 of the Montana Constitution, it states: “Laws for the punishment of crime shall be founded on the principles of prevention and reformation. Full rights are restored by termination of state supervision for any offense against the state.”

This means that once an individual has completed all terms of a Montana sentence — including parole or probation — their state civil rights, including firearm rights under Montana law, are typically restored. However, federal firearm prohibitions remain in place unless relief is granted under federal law — which is where 18 U.S.C. § 925(c) and the new rule comes in. For Montanans, this proposed change represents the long-overdue chance to align federal firearm rights with the restorative intent of our state constitution.

Why Preparation Now Matters

If the § 925(c) program reopens, the ATF will be flooded with applications from across the nation. Those who prepare early will have a significant advantage once filing begins. Just as with other federal benefit or licensing programs, complete, well-prepared applications submitted early will move to the front of the line — while others could wait months or even years.

At Netzer Krautter Law Firm P.C. we’re already helping clients in Montana gather their court documents so that they are one step closer to file their § 925(c) applications once the process opens.

Who May Qualify for Federal Gun Rights Restoration

You may be eligible to apply under § 925(c) if:

You have a federal or state conviction that prohibits you from possessing firearms;
You have completed all terms of your sentence, including probation or parole;
Your conviction has not been expunged or pardoned; and
You can show rehabilitation and a law-abiding life since your conviction.

Even if your conviction is decades old, this may be your best opportunity to restore your gun rights under federal law.

Who the Proposed Rule Presumes Will Still not be Eligible for Restoration of Gun Rights.

The proposed rule states that those individuals who are presumptively disqualified are,

felons convicted of crimes that are particularly linked with dangerous or violent conduct are unlikely to be able to demonstrate that relief from disabilities is in the public interest.

The list of presumptively disqualifying violent crimes is drawn in large part from the definitions of “crime of violence” in the Federal Firearms Act, ch. 850, sec. 1(6), 52 Stat. 1250, and the United States Sentencing Guidelines, U.S.S.G. 4B1.2(a)(2). The list also includes other crimes closely associated with dangerousness, such as threatening or stalking offenses and certain firearm-related offenses that are most often associated with violence or dangerousness.

Furthermore, those presumptively disqualified are, “those who have been convicted of any felony sex offense” as well as “other applicants who cannot show that relief from federal firearm disabilities is consistent with public safety and the public interest, such as those currently serving any part of their sentence.”

Other Time-Limit Presumptive Disqualifications

The proposed rule states that, “The first category of offenders who would be subject to a time-limited presumptive disqualification is those convicted of drug-distribution crimes” and these would be presumptively disqualified for 10 years. Additionally,

The rule similarly would presumptively disqualify from eligibility, absent extraordinary circumstances, any person who has either: (a) served any part of a sentence for a “misdemeanor crime of domestic violence” (as defined in 18 U.S.C. 921(a)(33) and 27 CFR 478.11) within the last 10 years; or (b) engaged in behavior demonstrating continued propensity for violence at any time within the last 10 years following a conviction for a misdemeanor crime of domestic violence.

Furthermore, “Finally, the Department has determined that it will presumptively disqualify from eligibility for relief any person who, within the last 5 years, has been convicted of or served any part of a sentence (including probation, parole, supervised release, or other supervision) for any other offense under state or federal law punishable by imprisonment for a term exceeding one year (as defined in 18 U.S.C. 921(a)(20)).”

How Can the Attorneys at Netzer Krautter Law Firm, P.C. Help Clients Navigate the 925(c) Program Application?

The proposed § 925(c) program rule outlines an application that requires a detailed legal and factual presentation. Our attorneys can assist clients through the application process by:

Collecting relevant court records,
Drafting a persuasive personal narrative demonstrating rehabilitation,
Obtaining character references from community members,
Preparing a complete and compelling application package for ATF review, and
Reviewing an application to ensure completeness prior to submission.

If the proposed § 925(c) rule is finalized, the window to apply could open quickly — and tens of thousands but likely more could rush to file. Those who start preparing now will have a head start to submit their applications immediately, before the system becomes overwhelmed. Call our office today at 406-433-5511 to schedule a confidential consultation, whether that is in-person, by phone or online video.

A Resolution for the New Year: Checking Whether Your Auto Insurance Policy has Uninsured and Underinsured Motorist Coverage

Mon, 12 Jan 2026 15:33:51 GMT

As we begin 2026, it’s the perfect time to make sure you — and your loved ones — are truly protected if involved in an unexpected motor vehicle crash. While liability car insurance is required in Montana, there are still many drivers on the roadway who either lack insurance altogether, or are carrying only minimal coverage. Minimum coverage in Montana mandated by law is $25,000 per person bodily injury, $50,000 per accident bodily injury and $20,000 property damage.

What is Uninsured and Underinsured Motorist Coverage?

Uninsured Motorist (UM) Coverage is coverage that protects you if you're involved in an accident with a driver who has no insurance. A report from the Insurance Information Institute estimates that over 15% of drivers on the road in 2023 were uninsured. UM coverage protects you if the other driver has no insurance, or flees the scene (hit-and-run). Without UM, you may end up responsible for your own medical bills, lost wages, and vehicle repairs. Underinsured Motorist (UIM) Coverage protects you if you're involved in an accident with a driver who has insurance, but their coverage limits are insufficient to cover your losses. In 2026, a minimum $25,000 for bodily injury coverage won’t go that far in a serious crash between hospital bills, long-term treatment, lost wages, or permanent impairment — making that amount woefully insufficient. UIM coverage an fill the gap between what the at-fault driver’s insurer pays and what you actually need.

UM/UIM — Often an Affordable Safety Net

Insurance industry data suggests that adding UM or UIM coverage generally adds only a modest amount to an auto policy — typically around 10% or less of your combined premium — yet provides a significant layer of financial protection.

For most Montana drivers, that small extra cost is a worthwhile investment given the risk of being hit by an uninsured or underinsured motorist.

What Can You Do Today to Protect Yourself?

Review your auto policy now and confirm whether you have UM and/or UIM coverage so you’re not surprised when you need it.
If you don’t have UM/UIM coverage — or if you are unsure — contact your insurance agent and find out about adding UM/UIM coverage.
Consider raising your own insurance coverage limits beyond the bare minimum. Medical costs, rehabilitation, lost wages, and long-term disability easily exceed minimal liability thresholds.
If you or a loved one is injured in a crash — even if the other driver was uninsured or underinsured — contact experienced legal representation before discussing the case with insurers.

Final Thought

Unfortunately, a car accident can happen to anyone — no matter how careful you are. Having uninsured or underinsured motorist coverage ensures that if the worst happens, you are not left bearing the full financial burden alone.

Start 2026 by checking your auto insurance coverage today — and securing your financial safety net for tomorrow. If you have questions about UM/UIM coverage, what to do after a crash, or your rights under Montana law, feel free to reach out to us for a free consultation at 406-433-5511.

The Importance of Timing When Filing an Appeal

Thu, 29 Feb 2024 22:53:26 GMT

1. The 30-Day Rule:

If you are unsatisfied with a result in your case and you felt that the process was unfair, you have the legal right to seek an appeal in a higher court. In Montana, this is typically the Montana Supreme Court for state cases and the 9th Circuit Court of Appeals for federal cases.
In Montana and most jurisdictions, the clock starts ticking once you receive the written judgment or order resolving your case. Typically, you have 30 days in civil cases and 60 days in criminal cases from the date to initiate the appeals process.
This timeline is critical. Missing the deadline could result in forfeiting your right to appeal.

2. Exceptions to the 30-Day Rule:

While the 30-day window is standard, there are situations where court orders need to be appealed sooner than the final judgment . Let’s explore some

examples:

Emergency Orders :
Certain court orders address urgent matters, such as protective orders , restraining orders , or temporary injunctions .
If you believe an emergency order is unjust or adversely affects your rights, consult an attorney promptly. Waiting until the final judgment may be too late.

Preliminary Injunctions :
A preliminary injunction is issued early in a case to maintain the status quo until the court reaches a final decision.
If you disagree with the preliminary injunction, act swiftly. Waiting until the end of the case could have irreversible consequences.

Interlocutory Orders :
These are orders issued during ongoing litigation, addressing specific issues without concluding the entire case.
Examples include discovery disputes , evidentiary rulings , or motions for summary judgment .
If an interlocutory order harms your position, consult an appellate attorney promptly.

3. Why Consult an Appellate Attorney?

An experienced appellate attorney understands the intricacies of the appeals process.
They can:
Evaluate Your Case : Assess the merits of your appeal and identify potential grounds for reversal.
Preserve Your Rights : Work alongside your trial attorney to ensure timely filings and compliance with procedural rules.
Strategize : Develop a strong appellate strategy, including crafting persuasive arguments and briefs.
Navigate Complex Rules : Appellate procedures vary, and missing a step can be detrimental.
Advocate for You : Represent your interests before the appellate court.

4. Conclusion: Act Swiftly and Seek Legal Guidance

Timing matters. Whether it’s the 30-day deadline or an urgent order, consult an appellate attorney promptly.
Protect your rights, preserve your chances of success, and navigate the appeals process effectively.

2 Common Legal Mistakes that can have Serious Consequences

Thu, 18 Jan 2024 16:33:32 GMT

It’s a New Year and here at Netzer, Krautter & Brown, P.C. we decided to start a monthly blog for our law firm, with each attorney sharing some legal insights from their experiences. Here are some common legal mistakes that can prove to be both frustrating and expensive.

1. The business deal or venture that doesn’t have anything in writing or uses some form found on the internet.

This situation usually starts with two or more people seeing a business opportunity and deciding they’re going to go into business together or do a business transaction. Someone usually asserts “we don’t need lawyers to complicate this” and either finds some random form off the internet that is missing important legal language or they proceed with a handshake agreement and nothing in writing because each side says they’ll be fair to the other side.

For a few weeks, months, or maybe even years everything goes well. Then something unexpected happens and there’s a falling out. Maybe it’s a disagreement about the payment arrangement, a disagreement about management, or knowing who’s responsible for a cost or obligation. Maybe someone can’t get the financing they thought they could. Or parties have different recollections of what they originally agreed to in the first place.

If not resolved between the parties, it probably means everyone gets their own attorney and ends up paying expensive legal fees to sort through what could have been a preventable mess if there had been a written agreement.

THE FIX:

To avoid a potential legal headache, get an attorney involved in your business idea or transaction from the very beginning. They’ll know how to best protect your interests from the worst-case scenario or unanticipated situations.

2. Signing a settlement release with an insurance company without first talking to an attorney.

This situation usually happens when a person has been injured in an accident. The insurance company for the person or company who caused the injury offers some early minimal payment of medical bills and property damage in exchange for the person signing a full release of all claims, damages and injuries—even injuries that might not be apparent until well after the accident.

If a person signs that release and takes the money, they’ve given up their rights. Once that release is signed, it doesn’t matter that they may not have fully known the extent of their injuries or still be treating, with surgeries, physical therapy, etc, and have additional expenses that should have been compensated.

THE FIX:

Contact a personal injury attorney who has experience dealing with insurance companies for a consultation right after an accident and before signing any release, who will be able to advise you how to best protect your rights and if it makes sense to settle your claim. They will likely be able to get you a better resolution than if you sign your rights away and take the initial settlement.