Montana

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Montana, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, Montana has adopted other classes of prohibited persons and incorporated some of the federal prohibitions as state offenses. Montana Code Annotated § 45-8-313 provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she has been convicted of:

• A felony for which he or she received an additional sentence under section 46-18-221 (which imposes an additional sentence for offenses committed with a dangerous weapon); or

• An offense of another state or federal law which is equivalent to a Montana offense which would subject the person to an additional sentence under section 46-18-221.

Possession of a deadly weapon by a prisoner or person in a youth detention facility is also a crime in Montana. Section 45-8-318. A state administrative regulation prohibits probationers and parolees from owning, possessing or being in control of any firearm. Mont. Admin. R. 20.7.1101.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealed weapons permit holders in Montana are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. See also section 45-8-330. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Montana Carrying Firearms section.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Montana, although federal and state purchaser prohibitions still apply. See the Montana Private/Secondary Sales section.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Possession Restrictions

Montana Code Annotated § 45-8-328 prohibits any person, whether or not he or she possesses a permit to carry a concealed weapon, from carrying a concealed firearm in:

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

• A room in which alcoholic beverages are sold, dispensed, and consumed under a license for the sale of alcoholic beverages for consumption on the premises;

• A bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours except:

• While using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or

• 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.

Montana generally prohibits any person from purposely and knowingly carrying a firearm, whether openly or concealed, in any school building, although the trustees of the school district may grant advance permission to the contrary. Section 45-8-361. Montana also generally prohibits any person from carrying a firearm, whether openly or concealed, on a state game preserve, although the Director of Fish, Wildlife, and Parks may issue a permit to carry firearms in these areas. Section 87-5-401.

Except when authorized by railroad management, it is unlawful to knowingly or purposely carry or transport firearms on a train in Montana unless, prior to boarding, the person delivers the firearms and ammunition to the operator of the train. Section 45-8-339.

Section 45-6-326 prohibits the possession of a firearm with the purpose to conceal, misrepresent, or transfer it knowing that the serial number or other identification number or mark has been removed or otherwise obscured. Id.

State administrative regulations prohibit possession of firearms in:

• Youth detention facilities, except in a designated area to which detained youth have no access and in emergency situations (Mont. Admin. R. 20.9.617(7));

• Stillwater and Coal Creek state forests within the Northern Continental Divide ecosystem, by contractors and purchasers conducting contract operations, while they are operating (Mont. Admin. R. 36.11.432);

• All forested state trust lands administered by the Montana Department of Natural Resources and Conservation, by contractors and purchasers conducting contract operations, while they are operating (Mont. Admin. R. 36.11.443);

• Youth group homes (Mont. Admin. R. 37.97.522); and

• Youth shelter care facilities (Mont. Admin. R. 37.97.837).

Transportation of Firearms

Except as authorized by the management of the railroad, Montana prohibits the knowing or purposeful transporting of a firearm on a train unless, prior to boarding, the person delivers the firearms and ammunition to the train operator. Mont. Code Ann. § 45-8-339. Montana law does not specifically address the carrying or transportation of weapons in a motor vehicle.

Concealed Weapons Licensing Requirements

Montana is a "shall issue" state, meaning that local law enforcement must issue a concealed weapons license if the applicant meets certain qualifications. Pursuant to Montana Code Annotated § 45-8-321, a county sheriff must issue a permit to carry a concealed weapon to an applicant who:

• Is a United States citizen;

• Is 18 years of age or older;

• Holds a valid Montana driver’s license or other form of picture identification issued by the state; and

• Has been a resident of the state for at least six months.

Pursuant to section 45-8-321, a license may be denied to a person who:

• Is ineligible under Montana or federal law to possess or receive a firearm;

• Has been charged with, and is awaiting judgment in any state or federal court, for a crime punishable by one or more years of incarceration;

• Has been convicted in any state or federal court of a crime punishable by more than one year of incarceration;

• Has been convicted of carrying a concealed weapon while under the influence of an intoxicating substance, or carrying a concealed weapon in a prohibited place, within the last five years and has not been pardoned;

• Is the subject of an arrest warrant issued in any state or by the federal government;

• Has been adjudicated in any state or federal court to be an unlawful user of an intoxicating substance and is under a court order of incarceration, probation, suspended or deferred sentence, treatment, education, or other condition of release or state supervision;

• Has been adjudicated in any state or federal court to be mentally ill, defective, or disabled, and remains subject to a disposition order;

• Has been dishonorably discharged from the United States armed forces; or

• Has been convicted in any state or federal court of a crime that includes as an element an act, attempted act, or threat of:

• Intentional homicide;

• Violence;

• Bodily harm;

• Unlawful restraint;

• Sexual abuse; or

• Non-consensual sexual intercourse or contact.

The sheriff may deny a permit if he or she has reasonable cause to believe that the applicant is mentally ill, defective, or disabled, or 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. Section 45-8-321(2).

The fee for issuance of a permit is $50. Section 45-8-322(3). In addition, the sheriff may charge the applicant $5 for fingerprinting. Section 45-8-322(4).

Section 45-8-321(3) provides that, to obtain a permit, an applicant must demonstrate familiarity with firearms through:

• 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;

• 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;

• 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;

• Possession of a license from another state to carry a firearm, concealed or otherwise, granted by that state upon completion of a course described above;

• Evidence that the applicant, during military service, was found to be qualified to operate firearms, including handguns; or

• Passage of a physical test in which the applicant demonstrates the applicant's familiarity with a firearm.

Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under sections 45-8-322 through 45-8-324.

Pursuant to section 45-8-316, a person (other than a law enforcement or military officer) who carries a concealed weapon without a license is criminally liable for a fine up to $500 and/or imprisonment in county jail for up to six months. It is not an offense for a person to carry a concealed weapon while:

• Outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp;

• 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

• At one's home, on one's own premises, or at one's place of business.

Section 45-8-317(1)(i), (j). For purposes of the prohibition in section 45-8-316, "concealed weapon" means any weapon wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon. Section 45-8-315. However, for purposes of sections 45-8-321 through 45-8-328 (the provisions regarding permits to carry concealed weapons), "concealed weapon" means only a handgun or knife with a blade four or more inches in length that is wholly or partially covered by the clothing or apparel of the person carrying or bearing the weapon. Id.

          Disclosure or Use of Information

The county sheriff must keep a copy of each application for a permit to carry a concealed weapon for at least 4 years. Mont. Code Ann. § 45-8-322(2). In addition, within 7 days of the sheriff's receipt of the application, a copy must be mailed to the chief of police if the applicant resides in a city or town with a police force. Id. When a permit is issued, the sheriff must keep a copy and send a copy to the department of justice, which shall keep a central repository record of all permits. Section 45-8-322(3).

          Duration & Renewal

A permit to carry a concealed weapon is valid for four years. Mont. Code Ann. § 45-8-321(1). A permit may be renewed for an additional four-year period, upon payment of a $25 fee within 90 days before the expiration of the permit. Section 45-8-322(3). Renewal applicants are required to complete a renewal form that includes, at a minimum, the applicant's name, address, physical description, signature, driver's license or state identification card number, and photograph. Id. The sheriff may deny the renewal of a permit if circumstances arise that would require the sheriff to refuse to grant the permittee an original license. Section 45-8-323.

          Location Limits

Concealed weapons permit holders are subject to generally applicable possession prohibitions, with certain exceptions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.

          Reciprocity

Pursuant to Montana Code Annotated § 45-8-329, a concealed weapon permit from another state is valid in Montana if:

• The permittee has the permit in her or his immediate possession;

• The permittee is in possession of official photo identification; and

• The state that issued the permit requires a criminal records background check of permit applicants prior to issuance of a permit.

Section 45-8-329(2) requires the attorney general to develop and maintain a list of state permits recognized in Montana. The current list can be found at the Montana Department of Justice website.

          Brady Exemption

Concealed weapons permit holders in Montana are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. See also Montana Code Annotated § 45-8-330. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Montana Background Checks section.

Montana Code Annotated § 45-8-344 prohibits a parent, guardian, or other person having charge or custody of a minor child under the age of 14 from allowing 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. Section 45-8-345 requires the county attorney, on complaint of any person, to prosecute violations of section 45-8-344, which constitute a misdemeanor.

State administrative regulations address storage of firearms in youth foster homes and licensed child care facilities. Mont. Admin. R. 37.51.901(13), 37.95.121(4).

Montana does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Montana Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Montana Background Checks section.

Number of Federally Licensed Firearms Dealers

There are 1,107 federally licensed firearms dealers and pawnbrokers in Montana. Federal firearms licensee totals for Montana as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Montana Code Annotated § 45-8-351(2)(b) specifically denies local governments the power to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others. No other relevant statutes currently exist.

See the Montana Private/Secondary Sales section for state laws that apply at gun shows.

Montana Code Annotated § 7-1-115 reserves to the state the right to sue a firearms or ammunition manufacturer, trade association or dealer for abatement, injunctive relief, or tort damages relating to the design, manufacture, marketing, or sale of firearms or ammunition sold to the public. The state may bring such lawsuits on its own behalf or on behalf of a local governmental unit. Id.

Pursuant to section 27-1-720(1), in a products liability action, firearms or ammunition may not be considered defective in design on the ground that their benefits do not outweigh the risk of the injury they pose. Section 27-1-720(2) provides further that in a products liability action, the potential of firearms and ammunition to cause serious injury, damage or death does not make them defective in design, and cannot proximately cause injuries or damage resulting from the discharge of a firearm or ammunition. According to this section, such injuries or damages are proximately caused by the actual discharge of the product. Id. However, nothing in section 27-1-720 applies to a products liability cause of action based upon the improper selection of design alternatives. Section 27-1-720(3).

For provisions limiting the powers of local governments to regulate and prosecute shooting ranges, see the Montana State Preemption section above.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Montana does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Campaign to Prevent Gun Violence), Montana’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to Montana Code Annotated § 30-14-104(2). For details, view the Center’s report, “Targeting Safety.”

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

Pursuant to Montana Code Annotated § 45-8-344, it is unlawful for a parent, guardian, or other person having charge or custody of a minor child under the age of 14 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.  Section 45-8-345 requires the county attorney, on complaint of any person, to prosecute violations of section 45-8-344.  Violations of section 45-8-344 constitute a misdemeanor.

Federal law generally prohibits the possession of a handgun or handgun ammunition by anyone under the age of 18. 18 U.S.C. § 922(x)(2), (3) and (5).

Federal law also prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Dealers are prohibited from selling or delivering other firearms (e.g., handguns) or ammunition for those firearms to any person the dealer knows or has reasonable cause to believe is under the age of 21. Id.

Federal law provides less stringent age restrictions with respect to sales by unlicensed persons. Unlicensed persons generally may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(x)(1), (3) and (5). Federal law provides no age limitations with respect to the sale of a long gun by an unlicensed person.

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Montana, although federal and state purchaser prohibitions still apply.  See the Montana Background Checks section.

Montana Code Annotated § 45-6-326 makes it unlawful to remove, deface, cover, alter, destroy, or otherwise obscure the manufacturer's serial number or any other distinguishing identification number or mark upon a firearm with the purpose to transfer such firearm. In addition, it is unlawful to possess a firearm with the purpose to transfer it knowing that the serial number or other identification number or mark has been removed or otherwise obscured. Id.

Section 45-7-307 makes it unlawful to knowingly or purposely transfer any weapon to a person subject to official detention. It also makes it unlawful to be transferred any weapon by a person subject to official detention. Id.

Section 45-8-406 prohibits purposely or knowingly supplying a firearm to another knowing that the other person will use the firearm to commit one of certain offenses while actively participating in a criminal street gang.

No relevant statutes currently exist.

No relevant statutes currently exist.