Firearm Laws in Montana

Montana State Flag
A
  • ++ Permitless carry allowed
  • + Minimal firearm restrictions
  • ++ No registration required
  • ++ No permits or waiting periods
  • ++ Strong self-defense laws
  • + Permissive transport laws

Conceal Carry A

Montana allows concealed carry without a permit under House Bill 102 (effective February 18, 2021), known as "constitutional carry". Anyone 18 or older who can legally possess a firearm may carry concealed in most public places. A Concealed Weapons Permit (CWP) is optional under MCA 45-8-321 for reciprocity or federal background check benefits. CWP applicants need a background check, fingerprints, and a safety course (about 4-8 hours). Concealed carry is banned in schools, government buildings with security, and banks (MCA 45-8-328). Private property owners can prohibit firearms with signs. Breaking these rules can mean a misdemeanor (up to 6 months in jail) or felony (up to 5 years) in restricted areas.

Costs: A CWP costs $50 for residents ($115 for non-residents), plus $5-$20 for fingerprints and $50-$100 for training. Total is usually $105-$170.

Processing Time: CWP takes up to 60 days to process.

Renewal: A CWP lasts 4 years and costs $25 to renew, no retraining needed.

Reciprocity: Montana honors permits from all states. A Montana CWP is recognized by 38 states, like Idaho and Texas. Permitless carry is only for Montana residents or those in-state.

Sources: [1] [2] [3]

Open Carry A

Montana permits open carry of handguns and long guns without a permit in most public places. No age restriction applies beyond federal law (18 for possession). A holster is not required, but firearms must be visible. Open carry is banned in the same places as concealed carry—schools, government buildings with security, and banks (MCA 45-8-361). Private businesses can ban it with signage. Violations can lead to a misdemeanor (up to 6 months) or felony (up to 5 years) in restricted zones.

Sources: [1] [2]

Firearm Types and Restrictions B

Montana has few state restrictions on firearm types. Assault weapons and large-capacity magazines are legal with no limits (MCA 45-8-301). Silencers, short-barreled rifles/shotguns, and machine guns are allowed if registered with the ATF under federal law (26 U.S.C. § 5861). Ghost guns are legal and don’t need serialization. Felons and certain others can’t own firearms (MCA 45-8-313). Breaking federal rules can mean felony charges (up to 10 years).

Costs: Federal tax stamps for NFA items (like silencers) are $200 each.

Sources: [1] [2]

Interstate Travel A

Montana follows the federal Firearms Owners’ Protection Act (FOPA) (18 U.S.C. § 926A) for interstate travel. Firearms must be unloaded and in a locked container if passing through restrictive states. Montana law allows permitless carry in vehicles for those 18 or older. Carry is banned in federal facilities and restricted areas like schools (MCA 45-8-361). Violations can lead to a misdemeanor (up to 6 months) or felony (up to 5 years).

Sources: [1] [2] [3]

Purchasing A

Montana has no state permits or waiting periods for buying firearms. You must be 19 for handguns or 18 for long guns and pass a federal background check for dealer sales (18 U.S.C. § 922). Private sales don’t require checks unless the buyer is prohibited (e.g., felons) (MCA 45-8-313). Violations can lead to felony charges (up to 10 years).

Costs: Background checks are free at sale; dealers may add $10-$20.

Sources: [1] [2]

Registration A

Montana does not require firearm registration. There’s no rule to report lost or stolen guns, and ghost guns don’t need serialization. Federal registration applies to NFA items like machine guns (26 U.S.C. § 5861). Breaking federal law can mean felony charges (up to 10 years).

Costs: None for state registration; federal NFA tax stamps are $200.

Sources: [1] [2]

Storage and Safety B

Montana has no state laws requiring firearm storage. There’s no child access prevention law, but leaving a gun where a minor can get it and cause harm can be a misdemeanor under reckless endangerment (MCA 45-5-208). No reporting is needed for lost or stolen guns. Penalties can be up to 6 months in jail or 10 years if someone is hurt.

Sources: [1]

Castle Doctrine A

Montana has a strong Castle Doctrine and Stand Your Ground law (MCA 45-3-103, MCA 45-3-110). You can use deadly force in your home or vehicle if someone enters unlawfully and you believe it’s needed to stop harm. There’s no duty to retreat anywhere you’re legally allowed to be. Using too much force can lead to manslaughter charges (up to 20 years).

Sources: [1] [2]