Montana Gun Laws

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."

MCA § 45-8-321 (Permit to carry concealed weapon) statute

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"

Montana DOJ — Concealed Weapons ag

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."

MCA — no employer parking-lot statute statute

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."

MCA § 45-3-110 (No duty to summon help or flee) statute

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."

MCA § 45-3-102 (Use of force in defense of person) statute

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."

MCA § 45-3-105 (Use of force by aggressor) statute

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."

18 U.S.C. § 922(b)(1) (federal) atf

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."

MCA § 45-8-351 (preemption — no registration) statute

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."

MCA § 7-1-118 (Ch. 537, L. 2025 — HB 809) statute

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]."

MCA § 7-1-111(31) (Powers denied — ERPO) statute

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."

MCA § 45-8-351 (preemption); no capacity statute statute

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."

26 U.S.C. ch. 53 (National Firearms Act) / ATF atf

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."

MCA § 45-8-340 (Sawed-off firearm — penalty) statute

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."

MCA § 45-8-336 (Possession of silencer) statute

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.

Ch. 526, Laws of Montana 2023

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.

HB 258 (2021) — codified 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)