Handgunlaw.us - Montana Gun Laws

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Montana Shall Issue Must Inform Officer Immediately: NO

Permitless Carry State (See Must Inform Section).

Note: Some States only honor a Montana Permit for those 21 or older.

Note: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho,

Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi,

Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio,

Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah,

Vermont, West Virginia and Wyoming have "Permitless Carry"

Anyone who can legally possess a firearm under state and federal law

may carry in these states without a Permit. Check each states page

for age or other restrictions that may apply.

Permits/Licenses This State Honors Listed Below

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

Wyoming

Montana Honors Non-Resident Permits/Licenses From the States They Honor.

Reciprocity/How This State Honors Other States Permit/Licenses

45-8-329. Concealed Weapon Permits from Other States Recognized

(1) A concealed weapon permit from another state is valid in this state if:

(a) the person issued the permit has the permit in the person's immediate possession;

Montana CCW Links√

State CCW Site

Sheriff CCW Site

CCW Application

Renewal Application

Sheriff CCW FAQs

State Statutes

State Admin Rules

State Reciprocity Info

State Attorney General

Sheriff CCW Info Site

Yellowstone Co CCW

Information

Lewis & Clark Co.

App/Instructions

Secretary of State

Age to Carry a Firearm

In Other States

Last Updated: 7/30/2024

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(b) the person bearing the permit is also in possession of an official photo identification of the person,

whether on the permit or on other identification; and

(c) the state that issued the permit requires a criminal records background check of permit applicants prior

to issuance of a permit.

(2) The attorney general shall develop and maintain a list of states from which permits are recognized under

this section for the use by law enforcement agencies in this state.

(3) A determination or declaration of a Montana government entity, official, or employee is not necessary to

the existence and exercise of the privilege granted by this section. Sec. 1, Ch. 104, L. 2023

Note: Even though Montana is Permitless Carry they still don’t honor all other states permit/licenses to

carry. Just another item in the law they will most likely clean up later. Handgunlaw.us recommends you

carry your state issued ID when carrying under Permitless Carry. Some states require you carry it.

Permitless Carry

45-8-316. Carrying Concealed Firearms -- Exemption.

(1) A person who carries or bears concealed upon the individual's person a firearm shall be punished by a

fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both.

(2) A person who has previously been convicted of an offense, committed on a different occasion than the

offense under this section, in this state or any other jurisdiction for which a sentence to a term of

imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon the

individual's person a firearm shall be punished by a fine not exceeding $1,000 or be imprisoned in the state

prison for a period not exceeding 5 years, or both.

(3) This section does not apply to a person eligible to possess a firearm under state or federal law."

Sec. 9, Ch. 3, L. 2021.

How to Apply for a Permit

Notice: (5/2023) Montana now issues two types of Permits to Carry. An Enhanced Permit and a

Temporary Restricted Enhanced Permit. Enhanced are issued to those 21 and older while Temp

Restricted Enhanced Permits are issued to those 18 -20. Cost is the same for both permits and the Restricted

permit can be converted to an Unrestricted permit at 21 at no costs. Applying is the same for both permits.

and they are the same except for age. Some states may not honor the permit issued to those 18-20 that honor

the Montana permit for those 21 and older. Your local Sheriff will have all the information you need.

45-8-312 Enhanced Permit to Carry Concealed Weapon -- Temporary Restricted Enhanced Permit

for Individuals 18 To 20 Years Of Age.

(15)(a) An applicant between 18 and 20 years of age who otherwise meets the requirements of subsections

(2) and (3) and any other specified requirements and qualifications, on approval from the sheriff of the

county where the applicant submitted the application, must be issued a temporary restricted enhanced permit

that clearly designates the restricted enhanced permit is for individuals who are 18 to 20 years of age.

(b) An individual holding an unexpired restricted enhanced permit who has reached the age of 21 may

submit a written request to the sheriff of the county in which the individual resides for an unrestricted

enhanced permit. The unrestricted enhanced permit must be issued at no additional cost. Sec. 1, Ch. 526, L. 2023

To obtain a Montana concealed weapons permit, a person must:

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 have been a Montana resident for at least six months

 be a U.S. citizen or permanent lawful resident

 be at least 18 years old

 Montana Hunter Ed Course/State Approved Course/Any National Firearms Group Trainer or

 DD214

Applications prepared by the Attorney General’s Office are available from the local county sheriff's office.

Gather the necessary documentation prior to going to their sheriff's office. Do not sign the application until

the Sheriffs Office can witness you signing it.

Cost is approximately $60.00 and the Permit/License is valid for 5 years.

Links to all the Montana Sheriffs CWP Information Pages.

Non-Resident Permits

Montana does not issue Non-Resident Permit/Licenses.

Places Off-Limits Even With a Permit/License

45-8-353. Purpose.

The purpose of [sections 1 through 11] is to enhance the safety of people by expanding their legal ability to

provide for their own defense by reducing or eliminating government-mandated places where only criminals

are armed and where citizens are prevented from exercising their fundamental right to defend themselves and

others. En. Sec. 1, Ch. 3, L. 2021.

45-8-354. Legislative Intent.

It is the intent of the legislature to reduce or remove provisions of law that limit or prohibit the ability of

citizens to defend themselves by restricting with prior restraint the right to keep or bear arms that the people

have reserved to themselves in the Montana constitution, and to further establish that the right to defense of a

person's life, liberty, or property is a fundamental right. En. Sec. 2, Ch. 3, L. 2021.

45-8-355. Legislative Findings. Declares and Finds as Follows:

(1) Nowhere in Article X, section 9(2)(a), of the Montana Constitution is any power granted to amend,

suspend, alter, or abolish the Montana constitution, nor is any power granted to affect or interfere with the

rights the people have reserved to themselves specifically from interference by government entities and

government actors in Article II of the Montana constitution.

(2) The Montana university system was created and is controlled by the Montana constitution and the land

and buildings occupied by the university system are public property and not private property and are

therefore clearly government entities. See Notice below after next quoted Statute.

(3) Any significant prohibition upon the possession of firearms at or on the various campuses of the

Montana university system calls into question the rights that the people have reserved to protect themselves

from government interference under Article II, section 12, of the Montana Constitution.

(4) Zones where guns are prohibited provide an increased risk to the health and safety of citizens because

these zones create an unreasonable expectation of government-provided safety, while that safety cannot be

provided or ensured.

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(5) In District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S.

742 (2010), the United States supreme court affirmed that the second amendment to the United States

constitution reserves to individuals the fundamental right to keep and bear arms for self-defense and is

applicable as a restriction upon state and local governments and all political subdivisions of state and local

government through the 14th amendment to the United States constitution. En. Sec. 3, Ch. 3, L. 2021.

45-8-356 Where Concealed Weapon May be Carried -- Exceptions.

A person with a current and valid permit issued pursuant to 45-8-321 or recognized pursuant to 45-8-329

may not be prohibited or restricted from exercising that permit anywhere in the state, except:

(1) in a correctional, detention, or treatment facility operated by or contracted with the department of

corrections or a secure treatment facility operated by the department of public health and human services;

(2) in a detention facility or secure area of a law enforcement facility owned and operated by a city or

county;

(3) at or beyond a security screening checkpoint regulated by the transportation security administration in a

publicly owned, commercial airport;

(4) in a building owned and occupied by the United States;

(5) on a military reservation owned and managed by the United States; or (Note: See Military Personnel

Section on the USA Page for information on carry on Military Bases by Military and or LEOSA.)

(6) on private property where the owner of the property or the person who possesses or is in control of the

property, including a tenant or lessee of the property, expressly prohibits firearms;

(7) within a courtroom or an area of a courthouse in use by court personnel pursuant to an order of a justice

of the peace or judge; or

(8) in a school building as determined by a school board pursuant to 45-8-361. Sec. 1, Ch. 104, L. 2023

Notice: June 29, 2022 Montana Supreme Court ruled that the Montana Board of Regents has total

authority to set policy regarding the possession of firearms on the Montana University System property.

Montana Supreme Court Ruling Synopsis of Montana Supreme Court Ruling

45-8-359. Remedy for Violations.

Any person that suffers deprivation of rights enumerated under [sections 1 through 6] has a cause of action

against any governmental entity, as defined in 2-9-101. The cause of action must be filed in district court. If

a person asserting a deprivation of rights prevails, the person may be awarded reasonable costs, attorney fees

and damages. En. Sec. 7, Ch. 3, L. 2021

Note: Putting 45-8-321(3) here so you will know what minimum training is valid and needed to legally

carry on campus. Handgunlaw.us recommends that if you are carrying under Montana Permitless Carry law

that you carry documentation with you to show any training as described in 45-8-321. All listed training that

is accepted and listed below give a certificate of some type to show you have completed that training.

45-8-321 – (3) Training Requirements

(3) An applicant for a permit under this section must, as a condition to issuance of the permit, be required

by the sheriff to demonstrate familiarity with a firearm by:

(a) completion of a hunter education or safety course approved or conducted by the department of fish,

wildlife, and parks or a similar agency of another state;

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(b) completion of a firearms safety or training course approved or conducted by the department of fish,

wildlife, and parks, a similar agency of another state, a national firearms association, a law enforcement

agency, an institution of higher education, or an organization that uses instructors certified by a

national firearms association;

(c) completion of a law enforcement firearms safety or training course offered to or required of public or

private law enforcement personnel and conducted or approved by a law enforcement agency;

(d) possession of a license from another state to carry a firearm, concealed or otherwise, that is granted by

that state upon completion of a course described in subsections (3)(a) through (3)(c); or

(e) evidence that the applicant, during military service, was found to be qualified to operate firearms,

including handguns. Sec. 1, Ch. 171, L. 2017.

45-8-328 Carrying Concealed Weapon in Prohibited Place

(1) Except for a person issued a permit pursuant to 45-8-321 or a person recognized pursuant to 45-8-329 a

person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or

knowingly carries a concealed weapon in portions of a building used for state or local government offices

and related areas in the building that have been restricted;.

(2) A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6

months or fined an amount not to exceed $500, or both." (Note: Areas should be Posted)

Sec. 1, Ch. 104, L. 2023

45-8-361. Possession or Allowing Possession of Weapon in School Building -- Exceptions -- Penalties --

Seizure and Forfeiture or Return Authorized -- Definitions.

(1) A person commits the offense of possession of a weapon in a school building if the person purposely and

knowingly possesses, carries, or stores a weapon in a school building.

(2) A parent or guardian of a minor commits the offense of allowing possession of a weapon in a school

building if the parent or guardian purposely and knowingly permits the minor to possess, carry, or store a

weapon in a school building.

(3) (a) Subsection (1) does not apply to law enforcement personnel.

(b) The trustees of a district may grant persons and entities advance permission to possess, carry, or store

a weapon in a school building.

(4) (a) A person convicted under this section shall be fined an amount not to exceed $500, imprisoned in the

county jail for a term not to exceed 6 months, or both. The court shall consider alternatives to incarceration

that are available in the community.

(b) (i) A weapon in violation of this section may be seized and, upon conviction of the person possessing

or permitting possession of the weapon, may be forfeited to the state or returned to the lawful owner.

(ii) If a weapon seized under the provisions of this section is subsequently determined to have been stolen

or otherwise taken from the owner's possession without permission, the weapon must be returned to

the lawful owner.

( 5) As used in this section:

(a) "school building" means all buildings owned or leased by a local school district that are used for

instruction or for student activities. The term does not include a home school provided for in 20-5-

109.

(b) "weapon" means any type of firearm, a knife with a blade 4 or more inches in length, a sword, a

straight razor, a throwing star, nun-chucks, or brass or other metal knuckles. The term also includes

any other article or instrument possessed with the purpose to commit a criminal offense. Ch. 541, L. 2021

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45-8-351. Restriction on Local Government Regulation of Firearms.

(1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local

government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer

(including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or

unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.

(2)(a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and

handguns. A county, city, town, consolidated local government, or other local government unit has

power to prevent and suppress the carrying of unpermitted concealed weapons or the carrying

of unconcealed weapons to a publicly owned and occupied building under its jurisdiction.

(b) Nothing contained in this section allows any government to prohibit the legitimate display of firearms

firearms through any jurisdiction, whether in airports or otherwise. amd. Sec. 11, Ch. 3, L. 2021.

70-24-110. Landlords and Tenants -- No Firearm Prohibition Allowed.

A landlord or operator of a hotel or motel may not, by contract or otherwise, prevent a tenant or a guest of a

tenant from possessing on the premises a firearm that it is legal for the tenant or guest to possess. A landlord

or operator of a hotel or motel may prohibit the discharge of a firearm on the premises except in self-defense.

En. Sec. 6, Ch. 332, L. 2009.

____________________________________________________

For Federal Restrictions on Firearms see the USA Page.

Do “No Gun Signs” Have the Force of Law?

“NO”

“No Firearm” signs in Montana have no force of law unless they are posted on property that is specifically

mentioned in State Law as being off limits to those with a Permit/License to Carry. If you are in a place not

specifically mentioned in the law that is posted and they ask you to leave, you must leave. If you refuse to

leave then you are breaking the law and can be charged. Even if the property is not posted and you are asked

to leave you must leave. Always be aware of the possibility that responding Police Officers who may have

been called without your knowledge and may not know the laws on trespass etc. could arrest you even if you

are within the law.

“Handgunlaw.us highly recommends that you not enter a place that is posted "No Firearms" no matter what

the state laws read/mean on signage. We recommend you print out the No Guns = No Money Cards and

give one to the owner of the establishment that has the signage." As responsible gun owners and upholders of

the 2nd Amendment we should also honor the rights of property owners to control their own property even if

we disagree with them.”

Must Inform Officer Immediately on Contact By Law?

“NO”

45-8-329. Concealed Weapon Permits From Other States Recognized -- Advisory Council.

(1)(a) the person issued the permit has the permit in the person's immediate possession;

(1)(b) the person bearing the permit is also in possession of an official photo identification of the person,

whether on the permit or on other identification; and amd. Sec. 2, Ch. 476, L. 1999

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Carry In State Parks//WMA/Road Side Rest Areas & St. /Nat. Forests

Carry Allowed in these Areas:

*State Parks: YES 12.8.202

State/National Forests: YES 36.25.149c

State WMA/Habitat Protection Areas/Fisheries Conservation Areas: YES Rules/Regulations

Road Side Rest Areas: YES

*Notice: If State Park Carry is Legal in this state and if that state park is located on a lake created by the

US Army Corp of Engineers (COE) who owns the land and leases it to the state for that park the park is Off

Limits to the legal carrying of firearms per federal law. 36 CFR 327.13 District Commanders received this

Memorandum detailing how they could authorize someone to carry on (COE) property. The (COE) has also

put out a Pamphlet on carrying firearms on (COE) Property. They do not post their property you must know

the boundaries. Hunting is usually allowed doing hunting season.

RV/Car Carry Without a Permit/License

45-8-316. Carrying Concealed Firearms -- Exemption.

(1) A person who carries or bears concealed upon the individual's person a firearm shall be punished by a

fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both.

(2) A person who has previously been convicted of an offense, committed on a different occasion than the

offense under this section, in this state or any other jurisdiction for which a sentence to a term of

imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon the

individual's person a firearm shall be punished by a fine not exceeding $1,000 or be imprisoned in the state

prison for a period not exceeding 5 years, or both.

(3) This section does not apply to a person eligible to possess a firearm under state or federal law."

amd. Sec. 9, Ch. 3, L. 2021

Note: Anyone 18 or Older who can legally possess a firearm can carry concealed in the State of Montana.

Open Carry (Without a Valid Permit/License)

Open Carry is legal in Montana. Places as listed in the “Places Off Limits” above “May” apply to those who

open carry. See the “RV/Car Carry Without a Permit” section for carrying in a vehicle.

The state preempts all firearm laws in the state and local authorities can’t have Laws/Ordinances against

open carry.

45-3-111 Openly Carrying Weapon -- Display

(1) Any person who is not otherwise prohibited from doing so by federal or state law may openly carry a

weapon and may communicate to another person the fact that the person has a weapon.

(2) If a person reasonably believes that the person or another person is threatened with bodily harm, the

person may warn or threaten the use of force, including deadly force, against the aggressor, including

drawing or presenting a weapon. amd. Sec. 8, Ch. 3, L. 2021

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45-8-351. Restriction on Local Government Regulation of Firearms.

(2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and

handguns. A county, city, town, consolidated local government, or other local government unit has power to

prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed

weapons to a publicly owned and occupied building under its jurisdiction. amd. Sec. 11, Ch. 3, L. 2021.

In some states Open Carry is forbidden in places where those with a valid permit/license can carry. This is

not the last word on Open Carry in this state. Go to Google and type in State Name Open Carry or Open

Carry State Name for a search for open carry info in this state. Check with the State's RKBA

Organization/s. Also see “Attorney General Opinions/Court Cases” Section for any written opinions/Cases

on Open Carry.

State Preemption

Title 7. Chapter 1. Part 1. Nature of Self-Government Local Governments

7-1-111. Powers denied. A local government unit with self-government powers is prohibited from

exercising the following:

(9) any power that applies to or affects the right to keep or bear arms. amd. Sec. 2, Ch. 455, L. 2021.

45-8-351. Restriction on Local Government Regulation of Firearms.

(1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other

local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer

(including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or

unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.

(2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and

handguns. A county, city, town, consolidated local government, or other local government unit has power to

prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed

weapons to a publicly owned and occupied building under its jurisdiction.

(b) Nothing contained in this section allows any government to prohibit the legitimate display of firearms

at shows or other public occasions by collectors and others or to prohibit the legitimate transportation of

firearms through any jurisdiction, whether in airports or otherwise. amd. Sec. 11, Ch. 3, L. 2021.

Deadly Force Laws

Montana Code Annotated 2003

Title 45 Chapter 3 – Part 1

When Force Justified

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.

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45-3-108. Use of force in resisting arrest.

45-3-110. No duty to summon help or flee

45-3-110. Openly Carrying Weapon – Display - Exemption

45-3-112. Investigation of alleged offense involving claim of justifiable use of force.

45-3-115. Affirmative defense.

Knife Laws State/Cities

To access State/Local Knife Laws Click “Here”

Carry in Restaurants That Serve Alcohol

YES 45-8-328

Note: A “YES” above means you can carry into places like described below. “NO” means you can’t.

Handgunlaw.us definition of “Restaurant Carry” is carry in a restaurant that serves alcohol. Places like

Friday’s or Red Lobster unless posted with “No Gun Signs.” This may or may not mean the bar or the bar

area of a restaurant. But you can carry your firearm into a restaurant that serves alcohol and sit and eat

without consuming. Handgunlaw.us recommends you not sit at the Bar or in the Bar area of such

restaurants. In some states it is illegal to be in the Bar area of such restaurants. Handgunlaw.us believes you

should never consume alcohol when carrying your firearm. In some states it is illegal to take even one drink

while carrying a firearm. If you want further info on carrying in places that serve alcohol check your state

laws.

Chemical Sprays/Stun Gun/Higher Capacity Magazine Laws

Handgunlaw.us could find no restrictions in Montana Law concerning Chemical Sprays, Stun Guns

Or Higher Capacity Magazine Bans.

LEOSA State Information

Montana LEOSA Info (Scroll to bottom of page)

Note: Instructors who can qualify Active Police Officers can Qualify those Retired under LEOSA.

See the LEOSA Section on the USA Page at Handgunlaw.us for more LEOSA Information.

Attorney General Opinions/Court Cases

Montana Supreme Ct – Board of Regents Has Total Say on Firearms on Campus (6/2022)

Montana Supreme Court – Synopsis of Board of Regents Ruling Above. (6/2022)

Airport Carry/Misc. Information

Airport Carry: 45-8-351 City/County/State Airports can Ban Firearm. Would have to be posted.

Training Valid for: No set time period.

Time Period to Establish Residency: 6 Months

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Minimum Age for Permit/License: 18

Permit/License Info Public Information: NO

State Reciprocity/How They Honor Other States Statute: 45-8-329.

State Firearm Laws: 45-8-301 thru 45-8-361

State Deadly Force Laws: 45-3-101 thru 45-3-115

State Knife Laws: 45-8-316 & 45-8-331.

Chemical/Electric Weapons Laws: No laws found.

Body Armor Laws: 46-18-224

Does Your Permit Cover Other Weapons Besides Firearms? YES 45-8-316 & 45-8-321

State Safe Storage/Access by Minors Statute/s: No Statute Found

Is carrying of a Concealed Firearm with Permit/License

for Defensive Purposes Only While Hunting Legal? YES? DNR I can not find any MT

law/regulation that says you can't.

Notes

Montana Firearms and Human Rights

1. Sections 1 through 3 - (49-1-201 - 210) may be cited as the "Gun Owners Access to Justice Act".

2. Definitions. As used in [sections 1 through 3], unless the context clearly indicates otherwise, the

following definitions apply:

(1) "Burden" means to directly or indirectly constrain, inhibit, curtail, or deny a person's right to bear

arms or to compel any action contrary to a person's right to bear arms. The term includes but is not

limited to withholding benefits, excluding the person from government programs, and assessing

criminal, civil, or administrative penalties.

(2) "Compelling state interest" means a government interest of the highest magnitude that cannot

otherwise be achieved without burdening a person's right to bear arms.

(3) "Person" means an individual, association, partnership, corporation, estate, trust, foundation, or other

legal entity.

(4) "Right to bear arms" means the right defined by Article II, section 12, of the Montana constitution.

(5) "State" means the state of Montana or any political subdivision or local government, municipality,

or instrumentality of the state.

3. Right to bear arms protected -- Remedies.

(1) The state may not burden a person's right to bear arms unless the state proves that burdening the

person's right to bear arms furthers a compelling state interest and is the least restrictive means to

further that interest.

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(2) A person whose right to bear arms has been burdened by the state, or is likely to be burdened by the

state, in violation of subsection (1) may assert the violation or impending violation as a claim or

defense against the state in a judicial proceeding. The person asserting the claim or defense may

obtain appropriate relief, including but not limited to injunctive relief, declaratory relief, and

compensatory damages.

(3) A person who prevails on a claim to enforce the person's rights under Article II, section 12, of the

Montana constitution or [sections 1 through 3] must be awarded reasonable attorney fees and costs.

4. Codification instruction. [Sections 1 through 3] are intended to be codified as an integral part of Title

49, chapter 1, part 2, and the provisions of Title 49, chapter 1, part 2, apply to [sections 1 through 3].

HB 631 2023 En. Sec. 2, Ch. 523, L. 2023

State Emergency Powers

10-3-101. Declaration of Policy

(11) ensure, the protections under the first amendment of the United States constitution and under Article

II, sections 6 and 7, of the Montana constitution of the rights of free speech, freedom of assembly, freedom

of the press, and the right to petition the government for a redress of grievances; and

(12) ensure the protection of the rights under the second amendment of the United States constitution and

under Article II, section 12, of the Montana constitution." amd. Sec. 7, Ch. 504, L. 2021.

10-3-102. Limitations. Parts 1 through 4 of this chapter may not be construed to give any state,

local, or interjurisdictional agency or public official authority to:

(7) prohibit, regulate, or curtail the otherwise lawful possession, carrying, sale, transportation, transfer,

defensive use, or other lawful use of:

(a) a firearm, including a component or accessory;

(b) ammunition, including any component or accessory;

(c) ammunition-reloading equipment and supplies; or;

(d) a personal weapon other than a firearm

(8) seize, commandeer, or confiscate in any manner:

(a) a firearm, including any component or accessory;

(b) ammunition, including a component or accessory;

(c) ammunition-reloading equipment and supplies; or

(d) a personal weapon other than a firearm;

(9) suspend or revoke a permit to carry a concealed pistol issued pursuant to Title 45, chapter 8, except as

expressly authorized in that chapter;

(10) refuse to accept an application for a permit to carry a concealed weapon, provided the application has

been properly completed in accordance with Title 45, chapter 8;

(11) close or limit the operating hours of an entity engaged in the lawful selling or servicing of a firearm,

including:

(a) a component or accessory;

(b) ammunition, including a component or accessory;

(c) ammunition-reloading equipment and supplies; or

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(d) a personal weapon other than a firearm, unless the closing or limitation of hours applies equally to all

forms of commerce within the jurisdiction;

(12) close or limit the operating hours of any indoor or outdoor shooting range; or

(13) place restrictions or quantity limitations on an entity regarding the lawful sale or servicing of:

(a) a firearm, including a component or accessory;

(b) ammunition, including a component or accessory;

(c) a mmunition-reloading equipment and supplies; or

(d) a personal weapon other than afirearm. amd. Sec. 1, Ch. 515, L. 2021.

10-3-125 Claims or Defense Against State Action -- Remedies -- Limitations.

(1) A person or entity may assert a violation of 10-3-101 or 10-3-102 as a claim against a state, local, or

interjurisdictional agency or public official in any judicial or administrative proceeding or as a defense in any

judicial proceeding.

(2) In any civil action based on this section, the court may grant:

(a) declaratory relief;

(b) injunctive relief;

(c) compensatory damages for pecuniary and nonpecuniary losses;

(d) reasonable attorney fees and costs; and

(e) any other appropriate relief.

(3) A person or entity may not bring an action to assert a claim under this section later than 2 years after the

date that it knew or could have known that a violation occurred. En. Sec. 3, Ch. 346, L. 2021.

10-3-114. Confiscation of Firearms and Certain Actions by Government Prohibited -- Private Right

of Action -- Costs and Expenses

(1) Following a declaration of an emergency or disaster pursuant to this chapter, a peace officer or other

person acting or purporting to act on behalf of the state or a political subdivision of the state may not take a

confiscation action or;

(a) prohibit, regulate, or curtail the otherwise lawful possession, carrying, sale, transportation, transfer,

defensive use, or other lawful use of any:

(i) firearm, including any component or accessory;

(ii) ammunition, including any component or accessory;

(iii) ammunition-reloading equipment and supplies; or

(iv) personal weapons other than firearms;

(b) seize, commandeer, or confiscate in any manner, any:

(i) firearm, including any component or accessory;

(ii) ammunition, including any component or accessory;

(iii) ammunition-reloading equipment and supplies; or

(iv) personal weapons other than firearms;

(c) suspend or revoke a permit to carry a concealed weapon;

(d) refuse to accept an application for a permit to carry a concealed pistol, provided the application has

been properly completed under 45-8-321 through 45-8-324;

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13

(e) unless the closing or limitation of hours applies equally to all forms of commerce within the

jurisdiction, close or limit the operating hours of any entity engaged in the lawful selling or servicing of any:

(i) firearm, including any component or accessory;

(ii) ammunition, including any component or accessory;

(iii) ammunition-reloading equipment and supplies; or

(iv) personal weapons other than firearms;

(f) close or limit the operating hours of any indoor or outdoor shooting range; or

(g) place restrictions or quantity limitations on any entity regarding the lawful sale or servicing of any:

(i) firearm, including any component or accessory;

(ii) ammunition, including any component or accessory;

(iii) ammunition-reloading equipment and supplies; or

(iv) personal weapons other than firearms.

(2) After a violation of this section has occurred, the party injured by a confiscation action or other action

prohibited in subsection (1) may bring an action for damages in a court having jurisdiction.

(3) A party awarded damages pursuant to this section must also be awarded the party's costs and expenses in

bringing the action, including reasonable attorney fees.

(4) (a) As used in this section, "confiscation action" means the intentional deprivation by a person in

Montana of a privately owned firearm.

(b) The term does not include the taking of a firearm from a person:

(i) in self-defense;

(ii) possessing a firearm while the person is committing a felony or misdemeanor; or

(iii) who may not lawfully possess the firearm because of a prior criminal conviction.

(5) Nothing in this section may be construed to infringe on the rights of private landowners or the person

Who is in control of the property, including a tenant or lessee, to regulate firearms on their property.

amd. Sec. 1, Ch. 530, L. 2021.

Note: Federal Law can apply if the state is receiving monetary and/or other assistance from the Federal

Government. See US Code 42-5207 for Federal Law as it applies to States of Emergencies. The state quoted

code may also not be all of the law on Emergency Powers held by the state. You should read the entire code

on Emergency Powers etc for this state by following the link to the state code.

What Does MT Consider A Loaded Firearm?

Montana law does not define loaded or unloaded firearm.

Note: With no definition on what the state considers a loaded firearm at the minimum I would have no

cartridge in the firing chamber, cylinder, internal or attached magazine or attached to the firearm in any way.

Minimum Age for Possessing and Transporting of Handguns.

Montana 14 Y/O

45-8-344. Use of firearms by children under 14 years of age prohibited -- exceptions.

It is unlawful for a parent, guardian, or other person having charge or custody of a minor child under the age

of 14 years to permit the minor child to carry or use in public any firearms, except when the child is

accompanied by a person having charge or custody of the child or under the supervision of a qualified

firearms safety instructor or an adult who has been authorized by the parent or guardian.

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14

amd. Sec. 1, Ch. 600, L. 1993.

This is the minimum age for possessing and transporting a handgun unloaded and secured in a vehicle

without any type of permit/license to carry firearms.

Note: In some states Possession and Transportation CAN be very restrictive in that you can ONLY possess

and transport a handgun to and from a Shooting Range, Gun Shop, property you own or other places you can

legally possess a handgun. Some states do not have this restriction.

This is not the last word on possession and transporting of handguns in this, or any other state. Study your

state law further for more information. See “RV/Car Carry” Section Above for more information.

Permit/License Image

This image has been digitally assembled from 2 or more images. It may not be 100% accurate but gives a good representation of the actual Permit/License.

Updates to this Page

104 Links*

Archive of Previous Updates 2

7/1/2023 - Florida Now A Permitless Carry State. All Links Checked.

8/1/2023 – North Dakota Added as Permitless Carry States Listing Under Map.

9/2/2023 – Nebraska Added as a Permitless Carry State Under Map.

10/1/2023 – Basic Firearms Human Rights Added to Notes section.

10/5/2023 – Washington Now Honors the Montana Enhanced Permit.

10/15/2023 – All Links checked.

1/8/2024 – All Links checked.

7/4/2024 – Louisiana Added as Permitless Carry State in Listing Under Map

7/30/2024 – Notice on Corp of Engineer Properties on their Lakes Added to State Park Carry.