Montana Gun Laws
Gun Laws Overview
RIFLES & SHOTGUNS | HANDGUNS | |
---|---|---|
Licensing of Owners | No | No |
Permit to Carry | No | No* |
Permit to Purchase | No | No |
Registration of Firearms | No | No |
* Montana amended its concealed carry law in 2021, and a permit to carry concealed is not needed provided the person is not legally prohibited from possessing a firearm and is not in a place where firearms are not allowed (see CARRYING). The list and map below are included as a tool to assist you in validating your information. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change. The information is not intended as legal advice or a restatement of law and does not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. RECIPROCITY NOTES: Florida recognizes a Montana permit if the permit-holder is 21 years old or older. Montana recognizes a North Dakota Class 1 permit only. Non-residents must meet the following criteria to carry a concealed weapon in Montana: the state that issued their permit must require a criminal records background check before issuing a permit; the permit must be in the holder’s possession, and the permit holder must have photo identification: https://dojmt.gov/enforcement/concealed-weapons/ |
STATE STATUS | |
---|---|
Castle Doctrine | Enacted |
No-Net Loss | No Legislation |
Right to Carry Confidentiality | Provisions Enacted |
Right to Carry in Restaurants | Partial Ban |
Right To Carry Laws | No Permit Required |
Right To Carry Reciprocity and Recognition | Conditional Recognition |
Right to Keep & Bear Arms State Constitutional Provisions | With Provisions |
Laws on Purchase, Possession and Carrying of Firearms
Antiques
Montana statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession and carrying purposes.
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Possession
No state permit is required to possess a rifle, shotgun or handgun. MORE |
Purchase
No state permit is required for the purchase of any rifle, shotgun or handgun. |
Carrying
Montana amended its law in 2021 to allow permitless concealed carry. “Concealed” is defined as a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon. Mont. Code Ann. § 45-8-315. The 2021 law, HB 102, amended the concealed carry crime at Mont. Code Ann. § 45-8-316 to add an exception for “a person eligible to possess a firearm under state or federal law.” MORE |
Machine Guns, Magazines , Ammunition, etc.
A machine gun is defined as a firearm designed to discharge more than one shot by a single function of the trigger. Mont. Code Ann. § 45-8-302(2). |
Preemption
Montana’s preemption laws were amended in 2020 through a legislative referendum, LR-130. A further amendment occurred in 2021 through enacted law (HB 102). MORE |
Restoration of Rights
Gun rights lost due to a criminal conviction in Montana may be restored. Montana does not currently have a restoration of rights procedure for persons under a mental health-based firearm disability. MORE |
Range Protection
An established shooting range generally may not be prevented from operation by a state agency, unit of local government, or court unless the range presents a clear and provable safety hazard to the adjacent population. However, if a pressing public need exists because of incompatibility with nearby population or land use, an established shooting range may be relocated by an agency of state government, unit of local government, or court, but only if (1) the pressing public need is documented through hearings, testimony, and a clear and precise statement of need by the agency, unit of local government, or court involved; and (2) the agency or unit of local government obtaining the closure pays the appraised cost of the land together with improvements to the operators of the shooting range. In return the shooting range operators shall relinquish their interest in the property to the agency or unit of local government obtaining the closure. Mont. Code Ann. § 76-9-105(1), (2). MORE |
Miscellaneous
If a firearm is possessed by a law enforcement agency and the firearm was not purchased for agency use, the lawful owner of the gun cannot be located, and the gun is legal for any law-abiding individual to own, then the agency must not destroy the firearm but sell it to a licensed firearms dealer. Mont. Code Ann. § 46-5-313. MORE |
Friday, January 27, 2017
Yesterday, January 26, Montana Attorney General Tim Fox issued a legal opinion stating that the City of Missoula’s background check ...
Friday, December 16, 2016
Chris W. Cox, executive director of the National Rifle Association's Institute for Legislative Action, issued the following statement ...
Thursday, October 20, 2016
Montana’s attorney general will issue a legal opinion on a Missoula ordinance requiring background checks for private gun ...
Wednesday, October 12, 2016
Despite a contentious election, Gov. Steve Bullock and Republican challenger Greg Gianforte do agree on at least one ...
Thursday, September 29, 2016
A Montana legislator is asking the state’s attorney general to review the legality of a city ordinance requiring ...
Thursday, September 29, 2016
Missoula City Council’s gun ordinance left many wondering how the new legislation will be enforced. City council voted ...
Wednesday, September 28, 2016
Today the National Rifle Association Political Victory Fund (NRA-PVF) announced its endorsement of Greg Gianforte for governor and ...
Tuesday, September 27, 2016
The proposed ordinance requiring background checks for private transfers of guns is now law, after Missoula City Council ...
Friday, September 23, 2016
On Monday, September 26, the Missoula City Council is scheduled to consider an ordinance that would only create ...
Thursday, September 22, 2016
On Monday, September 26, the Missoula City Council is scheduled to consider an ordinance that violates Montana’s state ...