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 |
Tuesday, February 17, 2009
Montana lawmakers fired another shot in battles for states' rights as they supported letting some Montana gun owners ...
Tuesday, February 10, 2009
The bill would let people carry concealed weapons inside of city limits even without a permit to do ...
Monday, February 9, 2009
Today, the full House voted in support of House Bill 228 by a 58-42 margin, narrowly beating back ...
Thursday, February 5, 2009
The full House will consider House Bill 228 on Monday, February 9. It is critical that Montana NRA ...
Monday, February 2, 2009
The Senate overwhelmingly endorsed a plan Friday that clarifies Montanans have no obligation to retreat before using deadly ...
Sunday, February 1, 2009
On Friday, January 30, the House Judiciary Committee passed out House Bill 228, important self-defense legislation, on a ...
Friday, January 23, 2009
Proponents of House Bill 228 said gun owners in Montana are now held captive by gray areas in ...
Thursday, January 22, 2009
MT Representative Krayton Kerns (R-Laurel) is proposing a bill that he says is much more effective than the ...
Thursday, January 22, 2009
Two bills put before lawmakers Thursday would put on the books a widely recognized right to use a ...
Tuesday, January 20, 2009
On Thursday, January 22, the House Judiciary Committee will consider important self-defense legislation and it is critical that ...