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The state of Montana honors resident and non-resident permits issued by the following states:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Dakota, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

45-8-329. Concealed Weapon Permits from Other States Recognized – Advisory Council.
A carry permit is honored in the state of Montana if the permit is in the possession of the owner, if the holder has an identification card with photo and if the state that released the permit required a background check before issuing the permit to the applicant.

The attorney general should create a list of states where permits issued are honored by the law enforcement offices in Montana. It is not necessary for a government official or employee to have a declaration for an individual to use the carry permit within the state.

45-8-316. Carrying concealed weapons.
No person is allowed to possess a pistol, revolver, sword, knuckles made of metal or any deadly weapon without a permit. Violation of the law may result to a punishment of not more than $500 fine or 6 years of imprisonment, or both.

45-8-317. Exceptions.
Section 45-8-316 is not applicable to the following:
• Peace officers of the state or other states who are authorized to make arrests, including the people who are summoned to assist them
• Officers of the federal government who are authorized to carry such weapons, including the people who are summoned to assist them
• Members of the national guard who are on active duty
• Parole officers who have the authority to carry concealed firearms under Section 46-23-1002
• Individuals with carry permits issued and honored under Sections 45-8-321 and 45-8-329
• Individuals who are into lawful fishing, hunting, camping, hiking, farming and other outdoor activities that necessitate weapons. If you are engaged in any of these activities, you are allowed to carry concealed weapons without the need for any type of permit.
• Individuals who are carrying firearms in their own property
• Legislative security officers carrying their weapons in the Capitol

Note: A loaded firearm in a vehicle is allowed, as long as the firearm is not on the owner’s possession. It should be kept in a glove box or console.

45-8-315. Under this section, “concealed weapon” is defined as any weapon mentioned in Section 45-8-316 through 45-8-318 and 45-8-321 through 45-8-328 that is covered by the garments of the person possessing it.

To become eligible for application for a concealed carry permit in the state of Montana, an individual must be a resident of the state for at least six months preceding the submission of the application. It is also required that a person is at least 18 years old and a U.S. citizen who have undergone training from a state-approved instructor.
Application forms can be obtained from the office of the county’s sheriff. A sample application form is available in this link so that interested individuals may have an idea of the documents that are needed for the process. This sample cannot be used when submitting an application at sheriff’s office. Application cost is $60.00 for a permit that is valid for 4 years.

The state of Montana does not issue permits/licenses for non-residents.

Montana Code Annotated 2015
45-8-328. Carrying Concealed Weapon in Prohibited Place
No person shall be allowed to carry a concealed weapon in the following places:
• Facilities used by the state or local government officials for meetings and other activities
• Bank, savings and loan institution during business hours
• Restaurant serving alcoholic beverages
Off limits places apply for everyone even those with carry permits. A person who is charged with unlawful carrying of concealed weapon will be imprisoned for not more than 6 months or will pay an amount of not more than $500, or both.

 45-8-339. Carrying Firearms on Train
Carrying and transporting of weapons in a train within the state of Montana is not allowed unless the management of the railroad authorized a person to do so. Violation of the law may result to a punishment of $500 fine, or imprisonment of not longer than 6 months, or both.

45-8-361. Possession or Allowing Possession of Weapon in School Building – Exceptions – Penalties – Seizure and Forfeiture or Return Authorized – Definitions.
Carrying and storing of firearms in a school building is prohibited. A parent or guardian who allows a minor student to possess a firearm within the school campus shall be charged with the offense of allowing possession of weapon in school building.

Under this section, law enforcement officers and trustees who were given permission in advance are exempted.

Violation of this law may result to a punishment of $500 fine, or imprisonment of not more than 6 months, or both. The weapon subjected on the criminal offense may be confiscated by state. Upon conviction, the weapon may either be turned over to the state or the lawful owner. Stolen weapons shall be returned to the original owners.

The following terms are defined in this section:
• “School building” refers to all buildings used by a local school district for the curricular, co-curricular and extracurricular activities of the students. Home schools are not included in this term.
• “Weapon” refers to a firearm, knife, sword, razor, knuckles with metal blade or other deadly weapons possessed by a person.
45-8-351. Restriction on local government regulation of firearms.
Cities and towns are allowed to establish regulations to prohibit the discharge of firearms and restrict carrying of concealed or unconcealed weapons to a public place where an assembly will be held, public parks and schools. They may also prohibit individuals with mental disorders and minors from owning firearms.

Displaying of firearms as part of a public occasion, exhibit or show should not be prohibited as long as they are legitimate.

45-3-103. Use of Force in Defense of Occupied Structure.
Section 6. Landlords and Tenants – No Firearm Prohibition Allowed.
Landlords should not prohibit the tenants of their property from lawful carrying or transporting firearms within their premises. Discharge of firearms may be prohibited except for self-defense purposes.

“No Gun” signs in Montana do not have the force of the law, except if the place is mentioned on the state law’s off limits for everyone even with a carry permit. When asked by the owner to leave the premises, the carrier must follow and do what was requested. Failure to leave may result to Criminal Trespass.

Nationalcarryacademy.com recommends carriers not to enter places with posted signs that prohibit possession of firearms. Responsible gun owners should also respect the right of the property owner even if they disagree on it.

It is not necessary to immediately inform a police officer on contact regarding carrying of a concealed weapon.

45-8-329. Concealed weapon Permits From Other States Recognized – Advisory Council.
Under this section, an individual who has a carry permit issued by other states honored by Montana should bring with him an official photo identification card with the carry permit.

Carrying of firearms is allowed on state parks, state and national forests and road side rest areas.

According to the Montana Attorney General website: “Montana has no prohibitions against carrying a weapon in a motor vehicle, although federal rules may apply in national parks.” Carrying a firearm in a vehicle does not require any type of permit/license.

Montana law does not declare if carrying a loaded or unloaded firearm in a vehicle is illegal or not, but the law states that:
45-8-315. Definition. “Concealed weapon means any weapon mentioned in 45-8-316 through 45-8-318 and 45-8-321 through 45-8-328 that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon, except that for purposes of 45-8-321 through 45-8-328, concealed weapon means a handgun or a knife with a blade 4 or more inches in length that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon.”

45-8-317. Exceptions. “Section 45-8-316 does not apply to:
(i) a person who is outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp or who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection; or (j) the carrying of arms on one’s own premises or at one’s home or place of business.”

Therefore, carrying concealed or carrying in a vehicle on cities, towns, logging, lumbering, mining and railroad camps does not require any type of permit. But since ‘concealed weapon’ is defined as ‘wholly or partially covered’, a loaded firearm must be carried in a glove box or console.
Note: If the law does not declare that an act is illegal, then it is legal.

Montana allows open carrying within the state, but places that are off limits should apply to those who carry openly. To know more about this, see the “Carry Permit Limitations” section above. You may also check the “Traveling in a Vehicle with a Firearm without a Montana Permit” section to learn about the rules in carrying firearms in a vehicle.

State and local authorities are not permitted to establish laws and ordinances that will restrict open carrying, but carrying of concealed and unconcealed weapons on public assembly, public parks and schools may be prohibited by the county, city, town or local government. Montana law 45-8-344 states that it is legal for individuals who are 14 years old and above to carry firearms, but the federal law does not allow possession for below 18 years old.

To know more information about open carrying in Montana, visit the website at www.opencarry.org or search the keywords “Montana Open Carry” on Google. Also check the “Relevant Court Cases and Opinions of Montana AG” section below to know more about the court’s decision and opinions of the Attorney General.

45-8-351. Restriction on Local Government Regulation of Firearms.
Counties, cities, towns and local governments shall not establish rules on the registration, possession, transportation, selling, purchasing and use of firearms and ammunition. However, they may establish regulations on the discharge of any kind of firearm and carrying of firearms either concealed or unconcealed on public parks, public assembly and schools. Individuals with mental disorders and minors may be prohibited from possessing and using firearms.

Legitimate display of a rifle, shotgun, handgun or other kinds of firearm for a show, public occasion or exhibit shall not be prohibited.

Montana Code Annotated 2003
45-3-101. Definitions.
45-3-102. Use of force in defense of person.
45-3-103. Use of force in defense of occupied structure.
45-3-104. Use of force in defense of other property.
45-3-105. Use of force by aggressor.
45-3-106. Use of force to prevent escape.
45-3-107. Use of force by parent, guardian or teacher.
45-3-108. Use of force in resisting arrest.
45-3-110. No duty to summon help or flee.
45-3-112. Investigation of alleged offense involving claim of justifiable use of force.
45-3-115. Affirmative defense.

To know more about the laws for carrying knives in Montana, click this link.

Montana does not allow concealed carrying but allows open restaurant carrying. “Restaurant carrying” means carrying a firearm in a place that serves alcoholic beverages. This may or may not mean that sitting on the bar area of the restaurant is allowed. Open carrying is legal, but consuming alcohol when carrying is prohibited. There are restaurants that use “No Gun” signs like Friday’s and Red Lobster and entering such places with a firearm is discouraged.

Nationalcarryacademy.com strongly recommends that you should never consume alcoholic beverages and not sit on the bar area when carrying a firearm. Some states may consider both these acts as illegal, while other may not. For further information, check the laws of your state about carrying firearms on restaurants where alcohol is served.

No laws are found on the use of electric weapons, defensive sprays and high capacity magazines in Montana.

Montana Law Enforcement Officer Safety Act Information

There are no laws found on attorney general opinions or court cases related to carrying of firearms, but this does not mean that there are no firearms-related attorney general opinions and court cases in Montana.

There is no set time period for the validity of a permit holder’s training. The minimum age for obtaining a license/permit in Montana is 18 years old, while the time period required to establish an individual’s residency is 6 months.

Laws on Airport Carrying: 45-8-301 thru 45-8-361
Laws on State Reciprocity: 45-8-329
Laws on Using Firearms: 45-8-301 thru 45-8-361
Laws on Using Deadly Force: 45-3-101 thru 45-3-115
Laws on Using Knives: 45-8-316, 45-8-317 and 45-8-331
Laws on Using Body Armor: 46-18-224

There are no laws found on the use of chemical and electric weapons.

The law of Montana does not define a loaded and unloaded firearm. Because of this, we can assume that an unloaded firearm should have no magazine attached or cartridge inserted on the firing chamber.

State of Emergency
10-3-114. Confiscation of Firearm by Government Prohibited – Private Right of Action – Costs and Expenses.
During a state of emergency, a peace officer is not authorized to take a confiscation action against a lawful handgun carrier. The person with whom the violation was done may file a case on the court on the damages and may be rewarded the costs and expenses including the attorney fees.

Under this section, “confiscation action” means a person’s intention to seize a privately owned firearm. This term does not include confiscating a firearm for self-defense, seizing a firearm while the owner commits a crime and taking a weapon from an unlawful carrier.

Note: During a state of emergency, the federal law may apply if the state receives financial assistance from the federal government. To know more about the federal laws applicable during state of emergencies, check the US Code 42-5207.

The minimum age required to be able to possess and transport an unloaded firearm in a vehicle within Montana without the need for any type of permit is 18 years old.

Note: There are some states that are very restrictive when it comes to transporting and possessing of firearms that they only allow transporting to and from the gun shops, repair shops, shooting range and the gun owner’s business, home or other property. Other states do not have restrictions.

To know more about carrying of firearms in a vehicle, view the “Traveling in a Vehicle with a Firearm without a Montana Permit” section above.

4/12/15 – Initial page created.