Montana allows the use of firearms within the state. However, you must abide by the gun laws of both the state and local municipalities.
There are also location restrictions for firearms possession.
To open carry in Montana, you need to understand the state laws and prohibitions for the practice.
Montana issues concealed weapon permits in the state for the possession of firearms and related deadly weapons.
The local county in a state oversees the application for this permit.
Since Montana is a shall-issue state, as long as you meet all the requirements to apply for a permit, the state will grant it.
However, you do not need the permit to purchase firearms, but it can wave the criminal record background check.
The check is compulsory for those who do not have a permit and are buying firearms from a federal or state-licensed dealer.
To apply for the Montana permit application, you must be at least nineteen years old.
Yes, open carry is legal in Montana for anyone that is above the age of eighteen years with no state or federal restriction to use firearms.
Minors that are at least fourteen years old can also open carry with supervision from parents.
Montana is a permissive open carry state, and you do not need a license to open carry within its territory.
Not all firearms are legal for open carry in Montana.
It is a felony act to buy, sell, possess, or use machine guns and armor-piercing ammunition in the state.
|State permit for open carry.||No||No||You do not need any permit to open carry in Montana.|
|Firearm registrations for open carry.||No||no||Montana gun laws do not require the registration of any type of firearm.|
|Assault weapon for open carry.||No||No||Montana gun laws ban the possession of assault weapons like machine guns and semi-automatic firearms in the state.|
|Magazine limit||No||No||The state gun laws do not limit the number of firing rounds a magazine can have. Neither are there restrictions for large capacity firearms.|
|License for the owner of a firearm.||Not required||Not required||Montana does not issue an exclusive license to own a firearm in the state.|
|Red flag law||No||No||Montana does not have a red flag law to restrict the possession of firearms.|
|Castle doctrine law||Yes||Yes||Montana is a castle doctrine state with a stand your ground policy and a no duty to retreat in a home of residence and anywhere an individual has lawful rights to be.|
|Background check for private dealers||No||No||You do not need to undergo a criminal record background check while purchasing a firearm from a private dealer in the state. However, this is compulsory for federally and state-licensed dealers.|
|Preemption||Yes||Yes||Montana has preemption gun laws in the state, and only the state government is in charge of regulating the use of firearms. However, local areas can ban or prohibit weapons in some locations within their territory.|
|Concealed carry permit.||Yes||Yes||You can apply for Montana concealed weapon licenses to conceal carry in towns and city areas.|
|Concealed carry in personal vehicle||Yes||Yes||You can conceal carry in your vehicle as long as you have the state concealed weapon permit.|
|Open carry in Schools||No||No||Montana prohibits the possession of firearms and open carry in schools, colleges, and university areas.|
Montana allows open carry in the following parts of the state:
Montana gun laws prohibit open carry and the possession of firearms in the following parts of the state:
Some of the most frequently asked questions about open carry in Montana include the following:
No. You do not need a permit or license to open carry in Montana.
Yes. For concealed carry in towns and cities of Montana, you need Montana concealed weapon permits.
You can open carry in Montana as long as you are eighteen years old or more.
Also, minors that are fourteen years old can open carry in the state with supervision from parents, guardians, or firearm instructors.
You can conceal carry in Montana as long as you are eighteen years old or more.
You must be at least nineteen years old to apply for a concealed carry permit in Montana.
No. There are no red flag laws in Montana.
No. Montana concealed weapon permit is not issued to a non-resident of the state.
However, Montana honors permit from other states that run a criminal record background check before issuing a license.
Non-residents from these states can make use of such licenses in Montana.
No. Montana does not allow constitutional carry.
Montana does not prohibit open carry, concealed carry, and possession of knives in the state.
But it is unlawful to possess a knife that is more than four inches long, a razor, or a sword, in any school premises of the state.
Not all types of firearms are lawful for open carry in Montana. Some of those prohibited by gun laws of the state include:
Rifle with barrel longer than sixteen inches or with a total length of more than twenty-six inches. Or a shotgun gun with barrel length longer than eighteen inches, or more than twenty-six inches total length.
No. Montana does not issue a purchase permit to buy firearms in the state.
Yes. It is compulsory to complete a criminal record background check before buying firearms in Montana. Except you are purchasing from a private dealer, or you have the state’s concealed weapon license.
Also, there is a required five days waiting period to complete this check.
The permit will expire after four years. Then you have to apply for a renewal permit within a required period or forfeit it.
No, you are not obliged to tell any law officer about your possession of a firearm.
However, non-residents that possess firearms in Montana must be with their out-of-state permit at all time.
Yes. Montana is a castle doctrine state with a stand your ground policy in dwelling places, personal properties, or wherever a person has legal rights to be at a particular period.
Yes. A person can make use of deadly force that causes bodily harm or can lead to an imminent death if it will prevent a crime or forcible felony and protect the person’s life or that of a third party.
The state will grant immunity for deadly force used during self-defense.
Montana does not mandate firearm training in the state to apply for firearm permits or to possess firearms.
The state gun law does not say anything about the registration of firearms.
You can start applying for the permit ninety days before your initial license expires.
Here are some of Montana gun laws relating to the open carry of firearms in the state.
Montana bans the use of armor-piercing ammunition in the state. Anybody that uses a firearm with such ammunition to threaten, injure or attempt to hurt someone will face prosecution.
Montana has preemption for all gun laws in the state, and by extension, a preemption for all open carry requirements.
This means the state government has full authority to regulate firearm statutes.
However, local governments can:
Montana prohibits illegal brandishing of firearms in the state.
A person who dangerously or offensively uses a firearm, with no legal reason, will be guilty of Montana improper conduct.
A person is guilty of assault if he or she deliberately causes bodily harm to another person with a firearm or anything that looks like a weapon in the state.
Section forty-five of Montana statutes state that it is illegal for anybody to handle firearms while under the influence of alcohol or any other intoxicating substance.
Montana allows open carry while hunting or engaging in similar activities such as fishing, hiking, trapping, or any other recreational activity in the state.
Note that you can also possess a firearm while bow hunting in the state, but you cannot make use of it.
Montana has hunter harassment laws to protect activities related to hunting in the state.
They include the following: