Montana Concealed Carry Firearm Laws

Montana: Gun Laws Summary

Montana gun laws allow for permitless carry and no waiting period for purchasing a firearm from a private individual. There is also no firearms registration required, and background checks are only mandated for purchasing a handgun from a Federal Firearms Dealer. Open carry is legal without a permit for anyone at least 18 years old who can legally possess a firearm.

Concealed carry is legal without a permit for anyone at least 18 years old that can legally own a firearm in most locations. A permit is required to carry concealed in portions of a building used for state or local government offices and related areas in the building that have been restricted. HB-102, signed into law on February 18, 2021, eliminated many of the prior gun-free zones in the state. See the Location Restrictions section for details.

Use of Force In Defense of Occupied Structure

A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person’s unlawful entry into or attack upon an occupied structure. Deadly force is only justified if the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure or if the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.

Use of Force in Defense of Person

A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary for self-defense or the defense of another against the other person’s imminent use of unlawful force. Deadly force is only justified if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony.

Self-Defense

Montana is a Castle Doctrine state and has a “stand your ground” law. A person who is lawfully in a place or location and who is threatened with bodily injury or loss of life has no duty to retreat from a threat or to summon law enforcement assistance prior to using force.

Use of Force In Defense of Other Property

A person is justified in the use of force or threat to use force against another to prevent or terminate the other person’s trespass on or other tortious or criminal interference with either real property, other than an occupied structure, or personal property lawfully in the person’s possession or in the possession of another who is a member of the person’s immediate family or household or of a person whose property the person has a legal duty to protect. Deadly force is only justified if the person reasonably believes that the force is necessary to prevent the commission of a forcible felony.

For more information on Montana gun laws, please visit the Montana Department of Justice website.

Montana: Gun Laws at a Glance


Concealed Carry of Weapons Other Than Handguns	Concealed weapon means means a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon. [Montana Code Ann. § 45-8-315]
Taser or Stun Gun Ownership	Yes. Stun guns and Tasers are legal to purchase and possess without a permit in Montana.
Chemical Spray/Pepper Spray	Yes. There is no statute prohibiting the purchase or use of pepper spray in Montana.
Magazine Capacity Restrictions for Handguns	No, Montana does not limit magazine capacity for handguns.
Ammunition Restrictions	Yes. Montana mandates a sentence enhancement for any conviction for a crime in which bodily injury was inflicted, attempted, or threatened by someone who knowingly used or carried a handgun loaded with armor-piercing ammunition. [Mont. Code Ann. § 46-18-224(1)]
Permitless Carry	Yes. As of February 18, 2021, HB-102 was signed into law making it legal to concealed carry without a permit except in government buildings, offices and restricted locations.
Concealed Carry Permit Issuance	Montana is a shall-issue state.
Minimum Age for Concealed Carry Permit	You must be at least 18 years old to get a concealed carry permit in Montana.
Open Carry	Yes, open carry is allowed without a permit. Any person who is at least 18 years old and who is legally entitled to possess a firearm can open carry, however, local municipalities may prohibit open carry in publicly owned and occupied buildings. [Mont. Code Ann. § 45-3-111]

Montana: Carry Locations


Storing Firearms in Private Vehicles in Employee Parking Lots	Not addressed in Montana state law, although employers may have a policy.
Carrying a Concealed Handgun in a Vehicle	Yes, without a permit. Per the Montana Department of Justice FAQ website, Montana law does not regulate how firearms are carried in a vehicle. [MT DOJ Firearm FAQs]
Carrying a Concealed Firearm at Roadside Rest Areas	Yes. Carrying a concealed firearm at roadside rest areas is allowed in Montana.
Carrying a Concealed Firearm in State/National Parks, State/National Forests and Wildlife Management Areas	Yes, concealed carry is permitted without a permit for anyone at least 18 years old that can legally own a firearm outside the official boundaries of towns or cities or the confines of logging, lumbering, mining or railroad camps and while engaged in any of the following activities; fishing, hunting, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection. [MT DOJ Firearms FAQs]
Carrying a Concealed Firearm in Bars and Restaurants that Serve Alcohol	Yes, as of February 18, 2021, HB-102 was signed into law making it legal to concealed carry in places where alcohol is served, provided you are not be under the influence. [2021 House Bill 102 revisions to Mont. Code Ann. §§ 45-8-328 and 45-8-327]
Carrying or Possessing a Firearm on Hotel Property	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. See the Handguns at Hotels page for additional information [Mont. Code Ann. § 70-24-110(15)]

Montana: Key State Laws


Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Montana?	There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in Montana, but out-of-state permit holders must be carrying a permit and ID.[Mont. Code Ann. § 45-8-329]
Is my Montana driver’s license linked to my Montana carry permit?	Yes. Your Montana driver’s license is linked to your Montana concealed weapons permit. Therefore, a law enforcement officer will be notified immediately that you are a concealed carry permit holder if they run your driver’s license.
Would violating a “No Weapons Allowed” sign be considered a criminal offense in Montana?	No. “No Weapons Allowed” signs are not enforced in Montana.
Does Montana have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?	Yes, the state has preemption of firearms laws in Montana. A city or town may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries, under most circumstances; regulate the discharge of rifles, shotguns and handguns; and prevent and suppress the carrying of unconcealed weapons and unpermitted concealed weapons in publicly owned and occupied buildings.[Mont. Code Ann. § 45-8-351]
Does Montana have a red-flag law?	No. Montana does not have a red flag law.
Does Montana have laws regarding carrying a concealed firearm while using alcohol or an intoxicating substance?	Not while under the influence of an intoxicating substance.[Mont. Code Ann. § 45-8-327]As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgment, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
Does Montana issue concealed carry permits to non-residents?	No. Montana does not issue concealed carry permits to non-residents.
Does Montana allow the public to access concealed carry registry information through public records law?	No. The public cannot access concealed carry registry information through public records law in the state of Montana.
Does Montana state law define brandishing?	No definition of brandishing was found in Montana law. A person is guilty of disorderly conduct if he or she creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.[Mont. Code Ann. § 45-8-101]A person commits the offense of assault with a weapon if the person purposefully or knowingly causes bodily injury to another with a weapon or reasonable apprehension of serious bodily injury in another by use of a weapon or what reasonably appears to be a weapon.[Mont. Code Ann. § 45-5-213]

Montana: Handgun Purchase and Possession


Permit to purchase a handgun	No, a permit is not required to purchase a handgun in Montana. [Mont. Code Ann. § 45-5-103(2)]
Background checks for private gun sales	No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun. [Mont. Code Ann. § 45-8-361(1)]
Handgun registration	No, handgun registration is not required in Montana. [Mont. Code Ann. § 45-8-321(1)]
Possession/carrying of a handgun without a permit	It is legal for anyone legally entitled to carry a firearm, to carry a concealed firearm at one’s own private property, land, at one’s home, or one’s place of business without a permit. [Mont. Code Ann. 45-8-317(j)]
Waiting period after purchasing a handgun	No.
Background check exemption with a Montana concealed carry permit	Yes. [Mont. Code Ann. § 45-8-321(1)]
Minimum age to possess and transport a handgun	14 years old. 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 minor 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]