Montana Concealed Carry Laws & Information

We try to stay as up to date as possible, but always check with local law enforcement to be sure about which states honor your states permit.

The following states have permitless carry. This means that if you can legally possess a firearm in that state you can carry it concealed without a permit/license. You still have to abide by all conceaeled carry laws in that state. Please note that the last three states only allow residents to carry without a permit/license. Alaska, Arizona, Kansas, Maine, Mississippi, Missouri, New Hampshire, Vermont, West Virginia, Idaho (Residents Only), North Dakota (Residents Only), Wyoming (Residents Only).

Information compiled from various state government and private sites from around the web.

Reciprocity: How This State Honors Other States Permits & Licenses

Montana recognises permits from 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, Wyoming.

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

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

(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;

(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.

(4) The governor shall establish a council, composed of interested persons, including law enforcement personnel and gun owners, to advise the governor on and pursue concealed weapon permit issues.

Permitless Carry (Limited)

45-8-317. Exceptions

(1) Section 45-8-316 Does Not Apply To:

(a) any peace officer of the state of Montana or of another state who has the power to make arrests;

(b) any officer of the United States government authorized to carry a concealed weapon;

(d) a person summoned to the aid of any of the persons named in subsections (1)(a) through (1)(c);

(e) a civil officer or the officer's deputy engaged in the discharge of official business;

(f) a probation and parole officer authorized to carry a firearm under 46-23-1002;

(g) a person issued a permit under 45-8-321 or a person with a permit recognized under 45-8-329;

(h) an agent of the department of justice or a criminal investigator in a county attorney's office;

(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;

(j) the carrying of arms on one's own premises or at one's home or place of business; or

(k) the carrying of a concealed weapon in the state capitol by a legislative security officer who has been issued a permit under 45-8-321 or with a permit recognized under 45-8-329.

(2) With regard to a person issued a permit under 45-8-321, the provisions of 45-8-328 do not apply to this section.

Therefore, as long as you are outside the Boundaries of locations listed in (i) or engaged in a listed activity in (i) you can carry a concealed firearm without any type of permit/license. Loaded carry is allowed in a vehicle even in a city as long as the firearm is not on your person. In the Glove Box/Console would be OK as it is not covered by “Clothing or Wearing Apparel to be considered concealed. (See Definition of Concealed Below)

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.

How to Apply for a Montana Concealed Carry Permit

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

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 are available from the local county sheriff's office. This site provides a sample application so people can review what is required and gather the necessary documentation prior to going to their sheriff's office. The form is clearly marked as a "sample only" and cannot be used in place of the application provided by the local sheriff's office.

The cost is approximately $60.00 and the Permit/License is valid for 4 years.

How to Obtain A Non-Resident Montana Concealed Carry Permit

Montana does not issue Non-Resident Permit/Licenses.

Places You Can Not Carry Even With a Montana Concealed Carry Permit

45-8-328 Carrying Concealed Weapon in Prohibited Place

(1) Except for legislative security officers authorized to carry a concealed weapon in the state capitol as provided in 45-8-317(1)(k), 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:

(a) portions of a building used for state or local government offices and related areas in the building that have been restricted;

(b) a bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours. It is not an offense under this section to carry a concealed weapon while:

(i) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or
(ii) at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services.

(c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.

(2) It is not a defense that the person had a valid permit to carry a concealed weapon. 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.

45-8-339 Carrying Firearms on Train

(1) Except as authorized by the management of a railroad, it is unlawful for a person not authorized to carry a weapon in the course of his official duties to knowingly or purposely carry or transport firearms on a train in this state unless, prior to boarding, the person has delivered all firearms and ammunition, if any, to the operator of the train.

(2) A person violating this section shall be punished by a fine not exceeding $500 or imprisonment in the county jail for a period not exceeding 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

(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.

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 concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.

(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.

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.

“No Gun Signs” Do not Have the Force of Law

“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.

Must Inform Officer Immediately on Contact By Law?

In Montana, it is not needed, because the law does not require you to inform an Officer that you have a permit/license to carry.

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

(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

It is not mentioned in Montana Law that state residents carry their permit on their person but their law does say those carrying in Montana with a permit they honor must carry their Permit and ID.

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

Carry is Allowed in these Areas:

State Parks: YES; 12.8.202
State/National Forests: YES; Rules for Using State Lands (Under Restrictions Header)
State WMAs/Habitat Protection Areas/Fisheries Conservation Areas: YES; Rules/Regulations
Road Side Rest Areas: YES

Car/RV Carry Without a Montana Concealed Carry Permit

Montana Attorney Generals Website states the following:

Montana has no prohibitions against carrying a weapon in a motor vehicle .

According to the AG you can carry a firearm inside your vehicle without a permit The Definition of concealed in Montana is "wholly or partially covered by clothing or wearing apparel".

The Montana law is quiet on carrying a firearm in a vehicle. There is no mention of it being illegal to carry a loaded or unloaded firearm in a vehicle. What Montana Law does say is this:

45-8-315. Definition

45-8-316. Carrying Concealed Weapons

(1) A person who carries or bears concealed upon the individual's person a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife having a blade 4 inches long or longer, razor, not including a safety razor, or other deadly weapon 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.

45-8-317. Exceptions (1) Section 45-8-316 does not apply to:

(h) (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.

In Montana, you can carry concealed outside Cities, Towns, Logging, Lumbering, Mining and Railroad Camps without any type of permit. In or out of your car. But since Montana law defines concealed as cover or partially covered by clothing you can carry a loaded handgun in the Glove Box or Console in the Cities, Towns etc in Montana without any type of permit/license. The law has to state what is illegal. If it doesn’t mention it then it is legal.

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. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school. Montana Statute 45-8-344 states those 14 and over can possess a firearm. Possession by a person under 18 is against federal law. I would not open carry under 18 years of age.

Open Carry could be forbidden in places where those with a valid permit/license can carry, please continue reading for more.

45-3-111. Openly carrying weapon -- display -- exemption

(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.

(3) This section does not limit the authority of the board of regents or other postsecondary institutions to regulate the carrying of weapons, as defined in 45-8-361(5)(b), on their campuses.

State Preemption

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

(2)

(c) A local ordinance enacted pursuant to this section may not prohibit a legislative security officer who has been issued a concealed weapon permit from carrying a concealed weapon in the state capitol as provided in 45-8-317.

Laws Regarding Deadly Force

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
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

May Carry in Restaurants that serve Alcohol?

In Montana, you can’t carry concealed but you can open carry (45-8-328) in a restaurant that serves alcohol. If ask to leave the restaurant then you must leave.

Laws Regarding Chemical Sprays, Stun Guns, and Higher Capacity

Currently, there are no restrictions in Montana Law concerning Chemical Sprays, Stun Guns Or Higher Capacity Magazine Bans.

Airport Carry and Other Misc. Information

Airport Carry: 45-8-301 thru 45-8-361

Training Valid for: No set time period

Time Period to Establish Residency: 6 Months

Minimum Age for Permit/License: 18 Years old

Permit/License Info Public Information: NO

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

State Fire arm 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, 45-8-317, 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

Is carrying of a Concealed Firearm with Permit/License for Defensive Purposes Only While Hunting Legal? YES; DNR There is no Montana law/regulation that says you can't.

What Does Montana Consider A Loaded Firearm?

Montana law does not define loaded or unloaded firearm.

State Emergency Powers

10-3-114. Confiscation Of Firearm 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.

(2) After a violation of subsection (1) has occurred, the party injured by a confiscation action 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.

The Federal Law can apply if the state is receiving monetary and/or other assistance from the Federal Government. Check 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.

Minimum Age for Possessing and Transporting of Handguns

Montana: 18 Years old

45-8-321 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.

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.