Montana allows any person 18 or older who may lawfully possess a firearm to carry a handgun openly or concealed without a permit, a status created by HB 102 of 2021 (Ch. 3, Laws of 2021) and operationalized through the carve-out in MCA § 45-8-316(3). The state still issues two optional permits — a Concealed Weapon Permit (CWP) issued by County Sheriffs and an Enhanced CWP under MCA § 45-8-312 — primarily for reciprocity and to use the federal NICS exemption when buying a handgun from a dealer. Montana has strong firearms preemption (MCA § 45-8-351), no firearm registry, no waiting period, no magazine limit, no assault-weapon ban, and as of 2025 expressly prohibits local governments from enacting red-flag (ERPO) laws.
Sourced from official state legislature, AG, and ATF documents. Last verified June 6, 2026.
Yes. Montana's permitless-carry framework — § 45-8-316(3) — exempts any person eligible to possess a firearm from the concealed-carry misdemeanor. An eligible adult may keep a loaded handgun in the glove box, center console, or trunk of a personal or rental vehicle without a permit.
No. Since HB 102 of 2021 took effect on February 18, 2021, any person 18 or older who is otherwise eligible to possess a firearm under state and federal law may carry concealed without a permit. The state still issues an optional Concealed Weapon Permit (CWP) and Enhanced CWP, primarily for reciprocity and the NICS-direct exemption.
Yes. Open carry has always been lawful in Montana and is expressly protected from local regulation by MCA § 45-8-351. No permit is required.
Apply to your County Sheriff. The sheriff must issue within 60 days to any qualifying U.S. citizen or permanent legal resident 18 or older who has lived in Montana at least 6 months and meets the eligibility criteria of MCA § 45-8-321. Fees are $50 initial and $25 per 4-year renewal. Familiarity with a firearm must be shown via a hunter-safety course, firearm-safety course, prior law-enforcement training, an out-of-state permit issued after a qualifying course, or qualifying military service.
Both are issued by County Sheriffs. The standard CWP under § 45-8-321 has a $50 fee, initial 5-year term, and 4-year renewals at $25. The Enhanced CWP under § 45-8-312 (created in 2023) has a $75 fee and is designed to broaden Montana's outbound reciprocity recognition with other states. Applicants 18-20 receive a temporary restricted enhanced permit that converts to a regular enhanced permit at no charge at age 21.
No. MCA § 45-8-361 makes it a misdemeanor to possess, carry, or store a weapon in any school building owned or leased by a local school district. Penalties include up to a $500 fine, six months in county jail, or both. The district's board of trustees may grant specific persons (e.g., school marshals) advance permission.
Yes. MCA § 45-3-110 says a person lawfully present in a place has no duty to retreat or summon help before using force when threatened with bodily injury or loss of life. Montana also recognizes a castle doctrine for occupied structures under § 45-3-103.
No. Montana has no statute that bars an employer from prohibiting firearms in an employee's vehicle parked on employer property. Employers may set their own workplace and parking-lot firearm policies.
No. Montana has no duty-to-inform statute. You are not legally required to proactively tell an officer that you are carrying. Many carriers choose to disclose anyway as a courtesy.
Yes. Properly NFA-registered suppressors, SBRs, and SBSs are legal in Montana. MCA § 45-8-336 (silencers) is purpose-based and only criminalizes possession when the person has criminal intent. MCA § 45-8-340 (sawed-off firearms) expressly exempts firearms held under a valid federal tax stamp.
No. Montana has no firearm registry. The preemption statute (§ 45-8-351) also bars local governments from imposing registration, taxation, or licensing requirements on firearms.
HB 102 of 2021 (Ch. 3, L. 2021) created permitless carry on signing (Feb 18, 2021). HB 258 of 2021 (codified at MCA §§ 45-8-365 to 45-8-368) bars Montana officials from enforcing post-2021 federal gun-ban laws. A 2023 enhancement created the Enhanced CWP under § 45-8-312. Most recently, HB 809 of 2025 (signed May 8, 2025) prohibits Montana local governments from adopting or enforcing red-flag (ERPO) laws.
Federal law requires you to be 21 to buy a handgun from a federally licensed dealer (FFL) and 18 for a long gun. Private in-state transfers between unlicensed adults are not bound by these federal FFL minimums. Montana imposes no additional state purchase-age beyond federal law.
Most carry-friendly states honor the Montana CWP, and the broader Enhanced CWP is designed to extend recognition further. Montana does not publish an official outbound reciprocity list, so verify with the destination state's AG or DPS before traveling. Confirmed-honoring states include AL, AK, AZ, AR, CO, FL, GA, ID, IN, IA, KS, KY, LA, ME, MI, MS, MO, NE, NH, NM, NC, ND, OH, OK, PA, SC, SD, TN, TX, UT, VT, VA, WV, WI, and WY.
No. Montana law does not require a background check for private, in-state firearm transfers between unlicensed individuals. Federal law continues to require federally licensed dealers to run a NICS check on retail sales. A Montana CWP or Enhanced CWP also serves as a NICS-equivalent permit under federal law, exempting the holder from the federal 5-day handgun waiting period (§ 45-8-330).
Yes — set by the Board of Regents, not the legislature. HB 102 of 2021 attempted to require the Montana University System to allow concealed carry on campus, but the Montana Supreme Court in 2022 MT 128 (Board of Regents v. State, June 29, 2022) struck down those provisions as a violation of the Board's constitutional authority over MUS. As of today, MUS firearm policy is set by the Board of Regents.
Since October 9, 2026, ATF does not require federal registration or a tax stamp for suppressors or short-barreled rifles (what changed and what didn't). Montana's own law still applies, and it is set out below.
Bare possession is not an offense in Montana. Code section 45-8-336(1) reaches a person who possesses, makes, transports, buys or sells a silencer 'and has the purpose to use it to commit an offense.' The federal hook sits in the next section, 45-8-337, which makes possession of a silencer that is not registered under federal law prima facie evidence of that purpose, so an unregistered suppressor shifts an evidentiary presumption onto the owner. There is no state registry or permit.
Hunting with a suppressor is lawful only if the device is registered with ATF. Code section 87-6-401(1)(c) makes it unlawful to use any device devised to silence or muffle the report of a firearm while hunting, then carves out a device 'registered with the bureau of alcohol, tobacco, firearms and explosives.' There is no species or land limit, and the penalty runs to $1,000 and six months. Attorney General Knudsen said on August 27, 2026 that a suppressor used for hunting must still be ATF-registered.
Code section 45-8-340 reaches only a rifle or shotgun that was originally made to the legal lengths and has since been modified below them, so a factory short-barreled rifle sits outside the statute entirely. The exemption at subsection (3)(f) covers a person holding a valid federal tax stamp for the firearm. With the making tax at $0 and ATF issuing no approvals, a Montanan who shortens a compliant rifle today has no stamp to invoke.
The offense requires an unlawful purpose as an element; non-registration under federal law is prima facie evidence of that purpose rather than an exemption. The common description of this as an affirmative defense is imprecise.
"a silencer that is not registered under federal law"
Suppressed hunting is lawful only with a device registered with ATF.
"This subsection (1)(c) does not prohibit the use of a device or mechanism registered with the bureau of alcohol, tobacco, firearms and explosives"
MCA § 87-6-401(1)(c) (unlawful use of a device to silence a firearm while hunting)
The offense reaches only modified firearms, not factory short-barreled rifles, and the civilian exemption at (3)(f) requires a valid federal tax stamp.
"holding a valid federal tax stamp for the firearm"
The only state attorney general guidance issued anywhere after the ruling. Reported consistently as saying that possessing an unregistered silencer remains a felony under Montana law and that a suppressor used for hunting must still be ATF-registered. The Montana DOJ document itself is not confirmed against this, and the 'still a felony' framing is broader than the literal text of § 45-8-336.
Montana Attorney General guidance, Aug. 27, 2026 (Austin Knudsen)
ATF stopped requiring NFA approval and registration for suppressors, short-barreled rifles, short-barreled shotguns and AOWs on October 9, 2026, but says the policy does not affect state or local law and that it cannot say whether an unregistered item counts as lawfully held under federal law for state-law purposes.
"ATF cannot opine on whether holding an unregistered firearm or silencer pursuant to ATF's enforcement discretion will qualify for state-law purposes as lawfully held (or registered) under federal law."
Checked against the statutes on October 11, 2026. Compare suppressor prices.
Although MCA § 45-8-316(1) makes carrying a concealed firearm a misdemeanor, subsection (3) — added by HB 102 of 2021 — excludes any person who is 'eligible to possess a firearm under state or federal law' from the offense. This is the operative permitless-carry mechanism: any eligible person 18 or older may carry concealed without a permit.
"(3) This section does not apply to a person eligible to possess a firearm under state or federal law."
MCA § 45-8-316(3) statute
Governor Gianforte signed HB 102 on February 18, 2021. The firearm-rights provisions took effect immediately on signing; the Montana University System provisions took effect June 1, 2021. HB 102 was codified as Chapter 3 of the 2021 Session Laws, confirmed by the amendment-history line in MCA § 45-8-351 ('amd. Sec. 11, Ch. 3, L. 2021'), which lists the section as among those revised by HB 102.
"amd. Sec. 11, Ch. 3, L. 2021"
HB 102 of 2021 — Ch. 3, Laws of Montana 2021 — confirmed via § 45-8-351 history line statute
A county sheriff must issue a concealed weapon permit within 60 days of application to any qualifying U.S. citizen or permanent lawful resident 18 or older who has been a Montana resident for at least 6 months and is not disqualified. Initial permits are valid for 5 years. Familiarity with a firearm must be demonstrated via a hunter-safety course, firearms-safety course, prior law-enforcement training, or qualifying military service.
"A county sheriff shall, within 60 days after the filing of an application, issue a permit to carry a concealed weapon to the applicant. The permit is valid for 5 years from the date of issuance. An applicant must be a United States citizen or permanent lawful resident who is 18 years of age or older."
The fee for a Montana CWP is $50, renewable for additional 4-year periods at $25 per renewal. The sheriff conducts a background check and may charge an additional $5 for fingerprinting at initial application; renewals do not require repeat fingerprinting.
"The fee for issuance of a permit is $50. The permit must be renewed for additional 4-year periods upon payment of a $25 fee for each renewal."
MCA § 45-8-322 (Application, renewal, permit, and fees) statute
The Enhanced Concealed Weapon Permit, created in 2023, is issued by County Sheriffs for an additional $75 fee and is designed for broader reciprocity recognition with other states. The Enhanced permit must be issued to qualifying applicants. Applicants 18-20 receive a temporary restricted enhanced permit, which converts to an unrestricted enhanced permit at no additional cost upon reaching age 21.
"The fee for issuance of an enhanced permit is $75. The fee for an enhanced permit must be paid to the county sheriff."
MCA § 45-8-312 (Enhanced permit to carry concealed weapon) statute
The Montana Department of Justice publishes statewide guidance on the Concealed Weapon Permit, including eligibility, the list of states whose permits Montana recognizes, and procedural information. Permits are issued by County Sheriffs rather than a statewide agency.
"Concealed Weapons"
Open carry has always been lawful in Montana and is expressly protected from local regulation. Section 45-8-351(1) bars local governments from regulating the 'unconcealed carrying' of any weapon. No state statute requires a permit to openly carry a firearm.
"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... ownership, possession, transportation, use, or unconcealed carrying of any weapon."
MCA § 45-8-351(1) statute
Because § 45-8-316(3) exempts any person eligible to possess a firearm from the concealed-firearm misdemeanor, Montana imposes no special restriction on carrying a loaded handgun in a motor vehicle. An eligible adult may carry a loaded handgun anywhere in the vehicle — including the glove box, center console, or trunk, concealed or otherwise — without a permit.
"(3) This section does not apply to a person eligible to possess a firearm under state or federal law."
MCA § 45-8-316(3) (vehicle implication of permitless carry) statute
Montana has no employer parking-lot firearm-storage protection statute. There is no provision in MCA Title 45 Chapter 8 Part 3 or in the employment-relations title that bars employers from prohibiting firearms in employee vehicles parked on employer property.
"No employer parking-lot firearm statute is enumerated in MCA Title 45 Chapter 8 Part 3."
Under § 45-8-329, Montana recognizes a concealed weapon permit from another state if (a) the bearer has the permit in immediate possession, (b) the bearer also possesses official photo identification, and (c) the issuing state requires a criminal records background check. The Attorney General's Office maintains a list — currently 43 states. DC, DE, HI, ME, NH, RI permits are not recognized; VT issues no permit.
"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... and (c) the state that issued the permit requires a criminal records background check of permit applicants prior to issuance of a permit."
MCA § 45-8-329 / Montana DOJ — Concealed Weapons recognition list ag
Montana codifies a castle doctrine for occupied structures: a person is justified in using force, including deadly force, to prevent or terminate another's unlawful entry into or attack upon an occupied structure when reasonably believed necessary to prevent assault on a person inside or to prevent the commission of a forcible felony.
"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."
MCA § 45-3-103 (Use of force in defense of occupied structure) statute
Montana is a stand-your-ground state: a person lawfully present 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, with limited exception for the initial-aggressor rule in § 45-3-105.
"Except as provided in 45-3-105, 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 summon law enforcement assistance prior to using force."
Force in defense of self or another is justified to the extent reasonably necessary against another's imminent use of unlawful force. Force likely to cause death or serious bodily harm is justified only if reasonably believed necessary to prevent imminent death, serious bodily harm, or a forcible felony.
"A person is justified in the use of force... 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."
The initial-aggressor exception to Montana's stand-your-ground and self-defense statutes. The justifications in §§ 45-3-102 through 45-3-104 are not available to a person who is attempting to commit, committing, or escaping after the commission of a forcible felony. This is the carve-out referenced in § 45-3-110.
"The justification described in 45-3-102 through 45-3-104 is not available to a person who is attempting to commit, committing, or escaping after the commission of a forcible felony."
Montana has no statutory duty to proactively inform a law enforcement officer that you are carrying a firearm. No section in Title 45 Chapter 8 Part 3 (Weapons) imposes a duty-to-inform obligation on permit holders or permitless carriers.
"No duty-to-inform statute is enumerated in MCA Title 45 Chapter 8 Part 3."
MCA Title 45 Chapter 8 Part 3 — no duty-to-inform statute statute
A valid CWP or recognized out-of-state permit holder may carry anywhere in Montana except: state and local correctional, detention, or treatment facilities; TSA security-screened airport areas; federal buildings; military reservations; private property where the owner has expressly prohibited firearms; courtrooms or courthouse areas under a judge's order; or school buildings as determined by the local school board under § 45-8-361.
"A person with a current and valid permit issued pursuant to 45-8-321 or 45-8-312 or recognized pursuant to 45-8-329 may not be prohibited or restricted from exercising that permit anywhere in the state, except: (1) in a correctional, detention, or treatment facility..."
MCA § 45-8-356 (Where concealed weapon may be carried — exceptions) statute
Possessing, carrying, or storing a weapon — including any firearm — in a school building is a misdemeanor punishable by up to $500, six months in county jail, or both. 'School building' means any building owned or leased by a local school district used for instruction or student activities. The school district board of trustees may grant advance permission for specific persons or entities (e.g., school marshals).
"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."
MCA § 45-8-361 (Possession of weapon in school building) statute
Carrying a concealed weapon in a restricted portion of a state or local government building used for government offices is a misdemeanor (up to 6 months county jail or up to $500 fine). Permit holders under § 45-8-321 or § 45-8-312, and recognized out-of-state permit holders under § 45-8-329, are exempt.
"Except for a person issued a permit pursuant to 45-8-321 or 45-8-312 or a person recognized pursuant to 45-8-329, 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 portions of a building used for state or local government offices and related areas in the building that have been restricted."
MCA § 45-8-328 (Carrying concealed weapon in prohibited place) statute
Carrying a concealed weapon while under the influence of an intoxicating substance is a misdemeanor (up to 6 months county jail or up to $500 fine). A valid permit is not a defense.
"A person commits the offense of carrying a concealed weapon while under the influence if the person purposely or knowingly carries a concealed weapon while under the influence of an intoxicating substance. It is not a defense that the person had a valid permit to carry a concealed weapon."
MCA § 45-8-327 (Carrying concealed weapon while under influence) statute
Montana is a NICS-direct state — federally licensed dealers contact the FBI directly to run the federally required background check. State law does not require a background check for private, in-state firearm transfers between unlicensed individuals. A Montana CWP or Enhanced CWP qualifies as a permit constituting completion of the federal background check under 18 U.S.C. 921 through 925A, exempting the holder from the federal 5-day handgun waiting period.
"A person possessing a concealed weapon permit or an enhanced concealed weapon permit is: (1) considered to have a permit constituting completion of the background check required by 18 U.S.C. 921 through 925A; and (2) exempt from that act's 5-day waiting period for the purchase of a handgun."
MCA § 45-8-330 (Concealed-weapon-permittee NICS exemption) statute
Federal law requires a buyer to be at least 21 to buy a handgun from a federally licensed dealer, and at least 18 to buy a long gun from an FFL. Private in-state transfers between unlicensed adults are not governed by these federal FFL minimums. Montana imposes no additional state purchase-age beyond federal law.
"A licensee may not sell a handgun to anyone under the age of 21. A licensee may not sell a long gun to anyone under the age of 18."
Montana has no state firearm registry. The preemption statute expressly bars local governments from imposing firearm registration, taxation, or licensing requirements; no state statute authorizes a state firearm registry either.
"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."
Montana has not enacted an extreme risk protection order (red flag) law. MCA § 7-1-118 (enacted as Section 1 of HB 809, Ch. 537, Laws of Montana 2025) expressly prohibits any local government from enacting, adopting, or implementing an ERPO, and bars local governments from accepting grants to enforce an ERPO. Violation carries a civil penalty of up to $10,000 per instance, payable to the state general fund.
"A local government may not: (a) enact, adopt, or implement a resolution, ordinance, rule, regulation, or policy that would have the effect of enforcing an extreme risk protection order against a resident of the state; or (b) accept a grant or other source of funding for the purpose of aiding in the adoption, implementation, or enforcement of an extreme risk protection order."
The conforming amendment added by HB 809 of 2025 to Montana's 'Powers denied' statute, which lists categories of authority that local governments may not exercise. Subsection (31) explicitly denies local governments any power related to an extreme risk protection order, pointing back to the substantive prohibition at MCA § 7-1-118.
"(31) any power related to an extreme risk protection order pursuant to [7-1-118]."
Montana has no state assault-weapon ban and broadly preempts local regulation of the purchase, sale, transfer, ownership, possession, transportation, use, or unconcealed carry of any weapon — including rifles, shotguns, handguns, and concealed handguns.
"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."
MCA § 45-8-351 (preemption) statute
Montana imposes no magazine-capacity limit. The preemption statute bars local governments from regulating the 'possession' or 'transportation' of any weapon, which courts and the legislature treat as encompassing component parts including magazines.
"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... ownership, possession, transportation, use, or unconcealed carrying of any weapon."
Suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and machine guns are regulated under the federal National Firearms Act and require ATF registration and an approved Form 4 or Form 1 to manufacture or transfer.
"The National Firearms Act (NFA) imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms."
Montana criminalizes possession of a 'sawed-off' rifle or shotgun (rifle barrel under 16 inches or shotgun barrel under 18 inches, or overall length under 26 inches when originally manufactured longer), but expressly exempts firearms held by a person 'who has a valid federal tax stamp for the firearm, issued by the bureau of alcohol, tobacco, firearms and explosives' — meaning properly NFA-registered SBRs and SBSs are not state-prohibited.
"(3) This section does not apply to firearms possessed: ... (f) by a person who has a valid federal tax stamp for the firearm, issued by the bureau of alcohol, tobacco, firearms and explosives."
Montana's silencer offense is purpose-based: possessing a silencer is a state offense only if the person has the purpose to use it to commit a criminal offense (or knows another does). Lawful, NFA-registered possession by a private citizen for sporting, defensive, or hearing-protection use is not prohibited by this statute.
"A person commits the offense of possession of a silencer if the person possesses, manufactures, transports, buys, or sells a silencer and has the purpose to use it to commit an offense or knows that another person has such a purpose."
Montana strongly preempts local firearm regulation. Local governments may not prohibit, register, tax, license, or regulate the purchase, sale, transfer, ownership, possession, transportation, use, or unconcealed carry of any weapon. Limited exceptions: cities and towns may regulate firearm discharge for public-safety reasons, and may prohibit the carrying of unpermitted concealed weapons or any open weapons in a publicly owned and occupied building under their jurisdiction.
"(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."
MCA § 45-8-351 statute
HB 102 (2021), signed February 18, 2021 and assigned as Chapter 3 of the 2021 Laws of Montana, generally revised Montana gun laws. It added the § 45-8-316(3) exception that exempts every person eligible to possess a firearm from the concealed-firearm misdemeanor — Montana's permitless-carry mechanism. The Montana University System provisions (effective June 1, 2021) were later struck down by the Montana Supreme Court in 2022 MT 128 on the basis that the Board of Regents has constitutional authority over MUS firearm policy.
"This section does not apply to a person eligible to possess a firearm under state or federal law."
HB 102 of 2021 — Ch. 3, L. 2021 — codified at MCA § 45-8-316(3) and others statute
HB 258 of 2021 prohibits Montana state and local employees from enforcing, assisting, or otherwise cooperating in the enforcement of any federal ban on firearms, magazines, or ammunition that is enacted, adopted, or becomes effective on or after January 1, 2021, or any new more-restrictive interpretation of pre-existing federal law. The provisions are codified at MCA §§ 45-8-365 through 45-8-368.
"Prohibition of Enforcement of Federal Firearm Laws Act"
HB 258 of 2021 — codified at MCA §§ 45-8-365 to 45-8-368 statute
In 2023, Montana created the Enhanced Concealed Weapon Permit at MCA § 45-8-312. The $75 enhanced permit is issued by County Sheriffs and is intended to broaden Montana's outbound reciprocity recognition. Applicants 18-20 receive a 'temporary restricted enhanced permit' that converts to an unrestricted enhanced permit at no additional cost at age 21.
"(15)(a) An applicant between 18 and 20 years of age who otherwise meets the requirements... must be issued a temporary restricted enhanced permit that clearly designates the restricted enhanced permit is for individuals who are 18 to 20 years of age."
Senate Bill — Enhanced Concealed Weapon Permit, codified at MCA § 45-8-312 (Ch. 526, L. 2023) statute
HB 809 of 2025, signed by Governor Gianforte on May 8, 2025 and assigned as Chapter 537 of the 2025 Laws of Montana, prohibits Montana local governments from enacting or implementing any extreme risk protection order (red flag) policy and bars them from accepting grants tied to ERPO enforcement. The statute imposes a civil penalty of up to $10,000 per violation, payable to the state general fund. The substantive prohibition is codified at MCA § 7-1-118, with a conforming amendment to MCA § 7-1-111(31).
"A local government may not: (a) enact, adopt, or implement a resolution, ordinance, rule, regulation, or policy that would have the effect of enforcing an extreme risk protection order against a resident of the state."
HB 809 of 2025 — Ch. 537, L. 2025 — codified at MCA § 7-1-118 statute
HB 809 of 2025, signed by Governor Gianforte on May 8, 2025, prohibits Montana local governments from enacting, adopting, or implementing any extreme risk protection order (red flag) policy and bars them from accepting grants tied to ERPO enforcement. Violation carries a civil penalty of up to $10,000 per instance, payable to the state general fund. Codified as an integral part of Title 7, chapter 1, part 1.
HB 809 (2025) — Ch. 537, L. 2025 — codified at MCA § 7-1-118
Created the Enhanced Concealed Weapon Permit at MCA § 45-8-312, designed to broaden Montana's outbound reciprocity recognition. Applicants 18-20 receive a temporary restricted Enhanced permit that converts to an unrestricted Enhanced permit at no additional cost at age 21. The Enhanced permit fee is $75 and is issued by the County Sheriff.
HB 258 of 2021 prohibits state and local officials in Montana from enforcing, assisting in, or cooperating with enforcement of any federal ban on firearms, magazines, or ammunition enacted on or after January 1, 2021, or any new more-restrictive interpretation of pre-existing federal law. Codified as the 'Prohibition of Enforcement of Federal Firearm Laws Act' at MCA §§ 45-8-365 to 45-8-368.
Governor Gianforte signed HB 102 on February 18, 2021. The firearm-rights provisions took effect immediately; the Montana University System provisions took effect June 1, 2021. HB 102 added the § 45-8-316(3) exception that exempts any person eligible to possess a firearm from the concealed-firearm misdemeanor — Montana's permitless-carry mechanism. The campus-carry portion was later struck down by the Montana Supreme Court in 2022 MT 128.
HB 102 (2021) — Ch. 3, Laws of Montana — codified at MCA § 45-8-316(3)
Possessing, carrying, or storing any weapon (including any firearm) in a school building owned or leased by a local school district for instruction or student activities is a misdemeanor (up to $500 fine, 6 months county jail, or both). The board of trustees may grant advance permission to specific persons or entities.
Permit holders may not carry concealed within a courtroom or area of a courthouse in use by court personnel pursuant to an order of a justice of the peace or judge (a non-exhaustive list of carry-prohibited locations under MCA § 45-8-356).
Carrying a concealed weapon in restricted portions of a state or local government building used for government offices is a misdemeanor (up to 6 months jail or $500 fine). Permit holders under § 45-8-321 or § 45-8-312 and recognized out-of-state permit holders are exempt. A city or town may also prohibit unpermitted concealed or any open carry in a publicly owned and occupied building under its jurisdiction (§ 45-8-351(2)(a)).
Permit holders may not carry concealed in a correctional, detention, or treatment facility operated by or contracted with the Department of Corrections, in a secure treatment facility operated by the Department of Public Health and Human Services, or in a detention facility or secure area of a city- or county-owned law enforcement facility.
Permit holders may not carry concealed at or beyond a TSA-regulated security-screening checkpoint in a publicly owned commercial airport.
Permit holders may not carry concealed in a building owned and occupied by the United States or on a military reservation owned and managed by the United States.
An owner, possessor, or person in control of private property (including a tenant or lessee) may expressly prohibit firearms on the property. Carrying past such a prohibition is not authorized under MCA § 45-8-356(6).
Carrying a concealed weapon while under the influence of an intoxicating substance is a misdemeanor (up to 6 months jail or $500 fine). A valid permit is not a defense.
Every fact on this page is paired with a citation to the underlying statute, attorney general guidance, court opinion, or ATF document. We do not rely on summaries from advocacy organizations as primary sources. Last verified June 6, 2026 against the official sources.
This page is for informational purposes only and is not legal advice. We are not attorneys and nothing here creates an attorney-client relationship. Gun laws are complex, change frequently, and are interpreted differently across jurisdictions and individual fact patterns.
Before relying on any information on this page — to carry a firearm, purchase a firearm, travel across state lines, or respond to a self-defense situation — you should:
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