Buying and Selling Guns
Who cannot possess a firearm?
Federal Prohibited Persons
The following are federally prohibited persons:
State law makes it illegal to purposely or knowingly purchase a firearm after the person has been convicted of felony, 45-8-313. Violators of this section may be sentenced to lifetime supervision by the state for the purpose of restricting the person's right to purchase and possess firearms, 45-8-314. Active supervision by a probation or parole officer is not required but may be imposed by the court. Violators may apply to the district court for the county in which the person resides for a permit to purchase and possess one or more firearms. This provision would conflict with federal law.
The following are federally prohibited persons:
- Anyone under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year; (felony case is in court--you've been arrested, but not yet convicted)
- Anyone convicted of a crime punishable by imprisonment for a term exceeding one year; (a felon)
- A fugitive from justice;
- An unlawful user of or addicted to any controlled substance; (including marijuana, medicinal or not)
- Anyone adjudicated as a mental defective or has been committed to any mental institution;
- An illegal alien;
- Anyone discharged from the military under dishonorable conditions;
- Anyone who has renounced his or her United States citizenship;
- Anyone subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner;
- Anyone convicted of a misdemeanor crime of domestic violence.
State law makes it illegal to purposely or knowingly purchase a firearm after the person has been convicted of felony, 45-8-313. Violators of this section may be sentenced to lifetime supervision by the state for the purpose of restricting the person's right to purchase and possess firearms, 45-8-314. Active supervision by a probation or parole officer is not required but may be imposed by the court. Violators may apply to the district court for the county in which the person resides for a permit to purchase and possess one or more firearms. This provision would conflict with federal law.
Dealer Sales
I got denied for a gun purchase. What do I do?
Visit the NICS Brady Check FBI appeals page. Contact an attorney. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Frontier Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please do not email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
As long as the sale is a private one (a dealer is not involved), anyone over the age of 18 who is legally able to possess a firearm may buy a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. See this ATF page.
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
Do I have to register my guns?
No.
Is there a waiting period to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
Visit the NICS Brady Check FBI appeals page. Contact an attorney. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Frontier Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please do not email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
As long as the sale is a private one (a dealer is not involved), anyone over the age of 18 who is legally able to possess a firearm may buy a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. See this ATF page.
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
Do I have to register my guns?
No.
Is there a waiting period to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
Background checks and CWP
The FBI conducts all NICS (National Instant Check System) background checks, rather than a state center. Montana is a permanent Brady Check exemption state, where concealed weapon permittees do not need a background check performed during dealer sales.
45-8-330 Exemption of CWP from background check and waiting period
The FBI conducts all NICS (National Instant Check System) background checks, rather than a state center. Montana is a permanent Brady Check exemption state, where concealed weapon permittees do not need a background check performed during dealer sales.
45-8-330 Exemption of CWP from background check and waiting period
A person possessing a 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.
Private Sales
What do I need to buy a gun?
Money. Optional: Photo ID. Some buyers want to see a concealed weapon license for their comfort, but no identification is legally required.
What do I need to sell a gun?
A gun. A bill of sale for your records is strictly optional. It is a private record maintained to show who the firearm was sold it. It offers no legal protection and is merely documentation of the sale/transfer.
What is the procedure to buy or sell a gun privately?
Don’t most felons and domestic abusers get guns through private sales?
Actually, no. The majority of criminals who obtained guns illegally did so through straw purchases, where someone like a friend or girlfriend with a clean record, lied and bought the gun on behalf of the prohibited person (46% in one study). Corrupt dealers and illegal street gun dealers are the next most popular methods. 75% of illegally obtained guns wouldn't be stopped by the background checks.
Money. Optional: Photo ID. Some buyers want to see a concealed weapon license for their comfort, but no identification is legally required.
What do I need to sell a gun?
A gun. A bill of sale for your records is strictly optional. It is a private record maintained to show who the firearm was sold it. It offers no legal protection and is merely documentation of the sale/transfer.
What is the procedure to buy or sell a gun privately?
- Meet Presumably, you either know each other or this is in regards to an ad on Armslist, Facebook, etc. Arrange to meet at a safe place (like a police station or well-lit and well-traveled area).
- Buy the Gun Exchange money for the firearm. Be smart and carry a pistol if the other party is a stranger; you don’t know if it is a scam for a robbery or if someone up to no good sees money and a gun change hands.
Don’t most felons and domestic abusers get guns through private sales?
Actually, no. The majority of criminals who obtained guns illegally did so through straw purchases, where someone like a friend or girlfriend with a clean record, lied and bought the gun on behalf of the prohibited person (46% in one study). Corrupt dealers and illegal street gun dealers are the next most popular methods. 75% of illegally obtained guns wouldn't be stopped by the background checks.
Can I buy a machine gun/short barreled rifle/short barreled shotgun/silencer/grenade launcher?
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, Montana does not ban the sale of any category of firearm. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, Montana does not ban the sale of any category of firearm. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.