Gun laws in Montana
|Subject/Law||Long guns||Handguns||Relevant statutes||Notes|
|State Permit to Purchase?||No||No|
|"Assault weapon" law?||No||No|
|Magazine Capacity Restriction?||No||No|
|Owner license required?||No||No|
|Concealed Carry permits issued?||No||Yes||Montana 45-8-321||Montana is a "shall issue" state. Concealed carry without a permit is generally allowed outside city, town, or logging camp limits.|
|Open Carry?||Yes||Yes||May carry openly without permit/license.|
|State Preemption of local restrictions?||Yes||Yes||M.C.A 45-8-351||Complete state preemption of firearms laws except localities may regulate the carrying of concealed or openly carried firearms to a public assembly, a publicly owned building, a park under its jurisdiction or a school. Localities may also regulate the possession of firearms by felons, minors, illegal aliens, or the mentally incompetent.|
|NFA weapons restricted?||No||No||Permitted as long such possession is in compliance with all federal regulations.|
|Peaceable Journey laws?||Yes||Yes|
Montana has some of the most permissive gun laws in the United States. It is unique in having no state-level prohibited possessor statute, although the state preemption statute allows local governments to prohibit firearms possession among felons and mental incompetents.
Montana is a "shall issue" state for concealed carry. The county sheriff shall issue a concealed weapons permit to a qualified applicant within 60 days. Concealed carry is not allowed in government buildings, financial institutions, or any place where alcoholic beverages are served. Carrying a concealed weapon while intoxicated is prohibited. No weapons, concealed or otherwise, are allowed in school buildings. Montana recognizes concealed carry permits issued by most but not all other states. Concealed carry without a permit is generally allowed outside city, town, or logging camp limits. Under Montana law a permit is necessary only when the weapon is " wholly or partially covered by the clothing or wearing apparel ", therefore it is legal to carry and/or keep a firearm inside a vehicle without a permit ( as long as it is not concealed on the person ) it is also legal to carry a firearm in a backpack, purse or briefcase without a permit. Open carry is also generally permitted.
Montana has state preemption of most firearms laws. Local units of government may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer, ownership, possession, transportation, use, or unconcealed carrying of any weapon. However, local governments may restrict the firing of guns, or the carrying of firearms at public assemblies or in public buildings or parks.
Montana House Bill 246, the Montana Firearms Freedom Act, was signed into law by Governor Brian Schweitzer on April 15, 2009, and became effective October 1, 2009. This legislation declares that certain firearms and firearms accessories manufactured, sold, and kept within the state of Montana are exempt from federal firearms laws, since they cannot be regulated as interstate commerce.
- "Gun Laws of Montana". Davekopel.com. Retrieved November 23, 2011.
- "45-8-351. Restriction on local government regulation of firearms". Data.opi.mt.gov. Retrieved November 23, 2011.
- Montana Code Annotated, Title 45, Chapter 8, Part 3: Weapons
- "Montana Shooting Sports Association – Montana Gun Laws". Mtssa.org. February 9, 2000. Retrieved November 23, 2011.
- Permits to carry guns held by 9 lawmakers, February 2, 2008
- "Montana Department of Justice – Concealed Weapons". Doj.mt.gov. Retrieved November 23, 2011.
- Montana Concealed Carry CCW Laws and Information on carryconcealed.net[dead link]
- "Montana Concealed Carry Permit Information on". Usacarry.com. Retrieved November 23, 2011.
- Montana Code Annotated – 45-8-351: Restriction on Local Government Regulation of Firearms
- "Firearms Laws for Montana on nraila.org" (PDF). Retrieved November 23, 2011.
- "Montana State Law Summary on". Lcav.org. March 25, 2011. Retrieved November 23, 2011.
- Deines, Kahrin. "New Gun Law Aimed at Asserting Sovereignty", Helena Independent Record, April 16, 2009
- Text of House Bill 246, 2009 Montana Legislature