Possession or use of a machine gun is not a crime unless the possession or use is for an offensive or aggressive purpose. A “machine gun” means a firearm designed to discharge more than one shot by a single function of the trigger. The section does not apply to any possession that is “for a purpose manifestly not aggressive or offensive” or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake. There is a presumption of an offensive or aggressive purpose when the machine gun is in the possession of, or used by, a person who has been convicted of a crime of violence in any court of record, state or federal, where “crime of violence” means the commission or attempt to commit any forcible felony, robbery, burglary, and criminal trespass. Mont. Code Ann. 45-8-302 (definitions), 45-8-304, 45-8-305, 45-8-07 (exceptions).

It is a felony for a person to possess, manufacture, transport, buy, or sell a silencer with the purpose of using it to commit an offense, or knowing that another person has such a purpose. Mont. Code Ann. § 45-8-336. Possession of a silencer that is not registered under federal law “is prima facie evidence of a purpose to use the same to commit an offense;” § 45-8-337.

It is a crime to knowingly possess a sawed-off firearm, being a rifle or shotgun that, when originally manufactured, had a barrel length of 16 inches or more and an overall length of 26 inches or more in the case of a rifle, or 18 inches or more and an overall length of 26 inches or more in the case of a shotgun, and where the firearm has been since modified so that the barrel length, overall length, or both, are less than these specifications. This does not apply to firearms possessed by a person who has a valid federal tax stamp for the firearm issued by the federal ATF, law enforcement, a person in actual service as a member of the national guard, a bona fide collector of firearms if the firearm is a muzzleloading, sawed-off firearm manufactured before 1900, or firearms that are incapable of being fired and possessed for educational or scientific purposes. Mont. Code Ann. § 45-8-340.

It is a crime for a person committed to a state prison or incarcerated in a county jail, city jail, or regional jail, or under the custody of prison or jail officials, officers, or employees, or in a youth detention facility, secure detention facility, regional detention facility, short-term detention center, correctional facility, or shelter care facility to possess a firearm. Mont. Code Ann. § 45-8-318.

A regulation makes it a condition of probation or parole that an offender is prohibited from using, owning, possessing, transferring, or controlling any firearm, ammunition (including black powder), weapon, or chemical agent such as oleoresin capsicum or pepper spray. Mont. Admin. R. 20.7.1101(5).

Any person convicted of a firearm-prohibiting crime described above may apply to the district court for the county in which the person resides for a permit to purchase and possess one or more firearms. The county attorney or county sheriff may file a written objection to the application; however, if no objection is filed, the court may grant the permit if it finds that the person has shown good cause to purchase and possess the firearm or firearms listed in the application. If an objection is filed, a hearing must be held in which the court must decide whether the objection is valid and overrides the good cause showing and requires denial of the permit. Mont Code Ann. § 45-8-314.

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 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. Mont Code Ann. § 45-8-344.

Permitless carry. Mont Code Ann. § 45-8-316 makes it a crime to carry or bear concealed upon the person a firearm but has a specific exemption for any person who is “eligible to possess a firearm under state or federal law.” State law defines “concealed” 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.

Permits to carry. Montana is a “shall issue” jurisdiction. Permits include permits to carry issued under § 45-8-321 (non-enhanced); and enhanced permits and “temporary restricted enhanced permits” both issued under § 45-8-312. As of October 2025, all of these permits qualify as NICS exempt: Brady Permit Chart | Bureau of Alcohol, Tobacco, Firearms and Explosives

Issuing agency/official: Sheriff of the county in which the applicant resides

Minimum age: 18 years old for a § 45-8-321 permit, 21 years old for an enhanced permit, and between 18 and 20 years old for a temporary restricted enhanced permit  

State residency required: Applicant must be resident in Montana for a minimum of six months prior to the date of application and have a valid Montana driver’s license or other form of identification issued by the state

Objective disqualifications: Applicants must be a US citizen or permanent lawful resident. Disqualifications include any applicant who is: (1) ineligible under Montana or federal law to own, possess, or receive a firearm; (2) has been charged and is awaiting judgment for a state or federal crime that is punishable by incarceration for one year or more; (3) has been convicted of a state or federal crime punishable by more than one year of incarceration, or any crime that includes as an element an act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or sexual intercourse or contact without consent; (4) has been convicted under 45-8-327 (carrying a concealed weapon while under the influence) or 45-8-328 (carrying concealed weapon in prohibited place), unless the applicant has been pardoned or 5 years have elapsed since the date of the conviction; (5) is subject to a warrant for arrest; (6) has been adjudicated in a criminal or civil proceeding in any state or federal court to be an unlawful user of an intoxicating substance and is under a court order of imprisonment or other incarceration, probation, suspended or deferred imposition of sentence, treatment or education, or other conditions of release or is otherwise under state supervision; (7) has been adjudicated in a criminal or civil proceeding in any state or federal court to be mentally ill, mentally disordered, or mentally disabled and is still subject to a disposition order of that court; or (8) was dishonorably discharged from the United States armed forces. Mont. Code Ann. §§ 45-8-321(1), and 45-8-312(8) (enhanced permits). The felony conviction prohibition (crime that is punishable by incarceration for one year or more) does not apply if the person has had their firearm rights restored with respect to that conviction.  

Non-objective disqualifications: A county sheriff may deny a permit “if the sheriff has reasonable cause to believe that the applicant is mentally ill, mentally disordered, or mentally disabled or otherwise may be a threat to the peace and good order of the community to the extent that the applicant should not be allowed to carry a concealed weapon. At the time an application is denied, the sheriff shall, unless the applicant is the subject of an active criminal investigation, give the applicant a written statement of the reasonable cause on which the denial is based.” Mont. Code Ann. §§ 45-8-321(2) and 45-8-312(9). 

Training /Familiarity requirement: For a non-enhanced permit, the applicant must show familiarity with a firearm based on completion of a hunter education or firearms safety course, law enforcement firearms safety or training course offered to or required of public or private law enforcement personnel, possession of a license from another state to carry a firearm that requires similar training to what would be required in Montana, or evidence of military firearm training. The sheriff has the option of allowing the applicant to complete “a physical test in which the applicant demonstrates the applicant’s familiarity with a firearm.” § 45-8-321(3)-(5).   

Enhanced permits require proof of completion of a qualifying handgun course within the previous 12 months. A qualifying course is one approved by a law enforcement agency that meets the requirements at Mont. Code Ann. § 45-8-312(5), which includes a live-fire requirement. To renew an enhanced permit, the applicant must also provide proof that during the period of renewal, the applicant successfully completed a live fire component of a qualifying handgun course; see § 45-8-312(6)(b).

Fingerprints required: Yes

Maximum processing time: 60 days after the filing of the application

Fees: $50 for a non-enhanced permit, $75 for enhanced permit (presumably the same for a temporary restricted enhanced permit); Mont. Code Ann. §§ 45-8-322(3) and 45-8-312(11). An individual holding an unexpired restricted enhanced permit who has reached the age of 21 may apply for an unrestricted enhanced permit, which must be issued at no additional cost.

Duration of permit: Five years

Special Provisions? A failure to apply for a renewal of a permit in the period that starts 180 days before the permit expires and ends 30 days after the permit expires means the permittee must reapply as a new or initial applicant.

Non-resident carry: The permitless carry law applies to non-residents of the state. Montana’s reciprocity law requires that the attorney general develop and maintain a list of states whose permits Montana recognizes; see Concealed Weapons – Montana Department of Justice. A concealed carry permit from another state is valid in Montana if the permit-holder has the permit in their “immediate possession” as well as official photo identification, “whether on the permit or on other identification.” Montana does not issue non-resident carry permits. 

Places where carrying is prohibited

Pursuant to a 2022 Montana Supreme Court ruling, the Montana Board of Regents has the authority to set policies regarding the possession of firearms on the Montana University System property. Link to the case is here: Montana_Supreme_CT_Board_of_Regents_Upheld.pdf

With some exceptions, it is a crime to knowingly possess, carry, or store any type of firearm or other weapon in a school building (any building owned or leased by a local school district that is used for instruction or for student activities, but excluding a home school). Mont. Code Ann. § 45-8-361.

 Persons without a Montana carry permit or an out-of-state permit recognized by Montana are prohibited from carrying 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. Mont. Code Ann. § 45-8-328.

 Mont. Code Ann. § 45-8-356 states that even for persons with a permit, carrying is prohibited in (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 or on a military reservation owned and managed by the United States; (5) 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; (6) 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 (all buildings owned or leased by a local school district that are used for instruction or for student activities, but not a home school as determined by a school board).

It is an offense to carry a concealed weapon while under the influence of an intoxicating substance. It is not a defense that the person had a valid permit to carry a concealed weapon. Mont. Code Ann. § 45-8-327.

Further, Mont. Code Ann. § 7-1-111(9) prohibits a local government unit with self-government powers (municipalities that have adopted a charter with self-governing powers) from exercising “any power that applies to or affects the right to keep or bear arms.”

A separate provision that applies to other local governments states that 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,” subject to the exceptions provided in that section. Mont. Code Ann. § 45-8-351(1).

The two exceptions are (1) “for public safety purposes,” a city or town may regulate the discharge of rifles, shotguns, and handguns, and (2) a county, city, town, consolidated local government, or other local government unit may 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.

However, a local government exercising these powers may not prohibit the legitimate display of firearms at shows or other public occasions by collectors and others or prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.

Local governments are also prohibited from bringing suit against a firearms or ammunition manufacturer, trade association, or dealer for abatement, injunctive relief, or tort damages resulting from or relating to the design, manufacture, marketing, or sale of firearms or ammunition sold to the public. Under state law, Mont. Code Ann. § 7-1-115, this authority is “reserved exclusively to the state and may not be exercised by a local governmental unit.” The state may sue under this section on its own behalf or on behalf of a local governmental unit, or both.

A 2025 law (currently codified as Mont. Code. Ann. § 7-1-1X1) states that (1) the legislature finds that extreme risk protection orders violate a person’s right to bear arms under the second amendment of the United States constitution and under Article II, section 12, of the Montana constitution; and (2) prohibits a local government from enacting or implementing a resolution, ordinance, rule, regulation, or policy that would have the effect of enforcing an extreme risk protection order against a resident of the state, or accepting any funding for the purpose of aiding in such implementation or enforcement. A local government that violates this section is subject to a civil penalty of up to $10,000, payable to the state general fund, where each instance of enforcement or attempted enforcement constitutes a separate offense. The section exempts orders of protection issued under Title 40, chapter 15 (Partner and Family Member Assault, Sexual Assault, and Stalking – Victim Protection).