Montana concealed carry laws and reciprocity

No section of Montana's weapons statutes (MCA Title 45, chapter 8, part 3) requires a person carrying a weapon to notify an officer; holders of out-of-state permits must only have the permit and photo ID in their possession for the permit to be valid.

Because the concealed-carry offense does not apply to anyone eligible to possess a firearm (MCA 45-8-316) and open carry is lawful (MCA 45-3-111), a permit is not required to carry a loaded handgun in a private vehicle.

The concealed-firearm offense in MCA 45-8-316 does not apply to any person eligible to possess a firearm under state or federal law, so no permit is needed to carry concealed. The statute ties eligibility to state and federal possession law rather than stating a specific minimum age.

A county sheriff shall issue a standard permit within 60 days to an eligible applicant 18 or older, and an optional enhanced permit to applicants 21 or older (with a temporary restricted enhanced permit for ages 18 to 20); denial is limited to listed disqualifiers or reasonable cause regarding mental illness or threat to the peace.

Both the standard and enhanced permits require the applicant to have been a Montana resident for at least 6 months and to hold a Montana-issued photo ID.

Any person not otherwise prohibited by federal or state law may openly carry a weapon (MCA 45-3-111). Local governments may not regulate unconcealed carrying except into publicly owned and occupied buildings under their jurisdiction (MCA 45-8-351).

MCA 45-8-356(6) states that a permit holder may be restricted from carrying on private property where the owner or person in control expressly prohibits firearms, but Title 45, Chapter 8, Part 3 attaches no penalty to ignoring a posted sign; MCA 45-8-328 penalizes only unpermitted concealed carry in restricted state or local government office areas. An armed visitor who remains unlawfully after the owner withdraws permission can be charged with criminal trespass to property under MCA 45-6-203.

Montana's prohibited-place statute (MCA 45-8-328) no longer lists establishments serving alcohol, but carrying a concealed weapon while under the influence of an intoxicating substance is an offense even with a permit (MCA 45-8-327).

FWP's public use rule for department lands including state parks (ARM 12.12.113, adopted in MAR Notice 12-603) requires possession and carrying of weapons to comply with state law rather than banning them, and allows posted closures to weapon discharge.

Montana statutes do not list places of worship as off-limits; under MCA 45-8-356 a permit holder may be restricted on private property only where the owner or person in control expressly prohibits firearms.

Board of Regents Policy 1006 limits carrying firearms on Montana University System campuses to qualified police or security officers and registered contract security. The Montana Supreme Court (2022 MT 128) held that the parts of HB 102 allowing guns on campus cannot be applied to the Regents.

Permit holders may be restricted only in correctional and secure treatment facilities, local jails and secure law enforcement areas, airport areas at or beyond TSA screening, federal buildings and military reservations, private property where the owner expressly prohibits firearms, courtrooms and court areas under a judge's order, and school buildings as determined by the school board (MCA 45-8-356). For everyone, weapons are barred in local school district buildings without trustee permission (45-8-361); non-permit holders may not carry concealed in restricted portions of state or local government office buildings (45-8-328), and local governments may restrict unpermitted concealed or open carry into publicly owned and occupied buildings (45-8-351).

A person lawfully in a place who is threatened with bodily injury or loss of life has no duty to retreat or summon law enforcement before using force, except an aggressor (MCA 45-3-110).

Montana's weapons statutes contain no magazine capacity limit, and MCA 45-8-351 bars local governments from regulating the possession or transfer of weapons.

Montana's weapons statutes contain no assault weapons ban, and MCA 45-8-351 bars local governments from prohibiting or regulating the possession of rifles, shotguns, or handguns.

MCA 45-8-336 makes possessing a silencer an offense only when the person has the purpose to use it to commit an offense or knows another person has that purpose.

Possessing a rifle modified below a 16-inch barrel or 26-inch overall length is an offense under MCA 45-8-340, except for a person with a valid federal tax stamp for the firearm and other listed exceptions.

Possessing a shotgun modified below an 18-inch barrel or 26-inch overall length is an offense under MCA 45-8-340, except for a person with a valid federal tax stamp for the firearm and other listed exceptions.