Montana Concealed Carry
Per HB 102 (2021), a permit to carry concealed is no longer required in Montana, by residents or non-residents.
"45-8-316. Carrying concealed firearms -- exemption. (1) A person who carries or bears concealed upon the individual's person a firearm shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both.
(2) A person who has previously been convicted of an offense, committed on a different occasion than the offense under this section, in this state or any other jurisdiction for which a sentence to a term of imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon the individual's person a firearm shall be punished by a fine not exceeding $1,000 or be imprisoned in the state prison for a period not exceeding 5 years, or both.
(3) This section does not apply to a person eligible to possess a firearm under state or federal law."
Formerly, permitless carry only applied outside of built-up areas. You could carry a concealed weapon without a permit (repealed-45-8-317):
- Outside the official boundaries of a city or town;
- Outside the confines of a logging, lumbering, mining, or railroad camp;
- Or while lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching;
- Or while lawfully engaged in any other other outdoor activity in which weapons are often carried for recreation or protection.
No Go Zones
Section 4 has been added by HB 102 of 2021. The first clause seems to imply this only applies to those who have a concealed weapons permit, which is no longer required to carry concealed. An unlicensed individual might not be prohibited by law from carrying in these areas, however, enforcement and interpretation may not be to the favor of the carrier. This section is poorly written.
Section 4. Where concealed weapon may be carried -- exceptions. A person with a current and valid permit issued pursuant to 45-8-321 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 operated by or contracted with the department of corrections or a secure treatment facility operated by the department of public health and human services;
(2) in a detention facility or secure area of a law enforcement facility owned and operated by a city or county;
(3) at or beyond a security screening checkpoint regulated by the transportation security administration in a publicly owned, commercial airport;
(4) in a building owned and occupied by the United States;
(5) on a military reservation owned and managed by the United States;
(6) on private property where the owner of the property or the person who possesses or is in control of the property, including a tenant or lessee of the property, expressly prohibits firearms;
(7) within a courtroom or an area of a courthouse in use by court personnel pursuant to an order of a justice of the peace or judge; or
(8) in a school building as determined by a school board pursuant to 45-8-361.
No guns signs
No guns signs do not have the force of law on private property. Failure to leave or disarm would only be trespassing. New language in HB 102 (2021) allows restricting the ability to carry on private property where the owner forbids it, but makes no mention of signage. You must be asked to leave or disarm; signs alone do not have the force of law. Note: The ambiguity presents a legal question that has not been settled, however, the current common understanding is that the "forbidding" refers to verbal notification and not signage. Hotel owners and landlords are prohibited by law from banning firearms, 70-24-110.
No guns signs do not have the force of law on private property. Failure to leave or disarm would only be trespassing. New language in HB 102 (2021) allows restricting the ability to carry on private property where the owner forbids it, but makes no mention of signage. You must be asked to leave or disarm; signs alone do not have the force of law. Note: The ambiguity presents a legal question that has not been settled, however, the current common understanding is that the "forbidding" refers to verbal notification and not signage. Hotel owners and landlords are prohibited by law from banning firearms, 70-24-110.
Private Property
"On private property where the owner of the property or the person who possesses or is in control of the property, including a tenant or lessee of the property, expressly prohibits firearms" raises questions about signage that we don't have an answer to. At this time, we would advise anyone who is asked to leave a business do so, or they will face trespassing charges.
"On private property where the owner of the property or the person who possesses or is in control of the property, including a tenant or lessee of the property, expressly prohibits firearms" raises questions about signage that we don't have an answer to. At this time, we would advise anyone who is asked to leave a business do so, or they will face trespassing charges.
College/Universities
On campus, campus authorities may restrict firearms. The provisions of HB102 that prevented this were deemed unconstitutional.
On campus, campus authorities may restrict firearms. The provisions of HB102 that prevented this were deemed unconstitutional.
Repealed gun free zones
HB 102 repealed the old restrictions on concealed carry in banks and bars or restaurants.
HB 102 repealed the old restrictions on concealed carry in banks and bars or restaurants.
Concealed Weapon Permits
County sheriffs must issue permits within 60 days after receiving and application. Applicants must be a US citizen, 18 or older, who holds a valid Montana driver's license or state photo ID, and has been a Montana resident for at least 6 months. Non-residents will not be issued a permit. 45-8-321
Concealed weapon permits also qualify for an exemption from dealer background checks.
Concealed weapon permits also qualify for an exemption from dealer background checks.
Qualifications
Eligible under Montana or federal law to own, possess, or receive a firearm;
- Has not been charged and is awaiting judgment in any state of a state or federal crime that is punishable by incarceration for 1 year or more;
- Has been convicted in any state or federal court of:
- A crime punishable by more than 1 year of incarceration; or
- A crime that includes as an element of the crime an act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or sexual intercourse or contact without consent.
- Has been convicted of carrying a concealed firearm under the influence or carrying a concealed firearm in a prohibited place, unless the applicant has been pardoned or 5 years have elapsed since the date of the conviction;
- Has a warrant of any state or the federal government out for the applicant's arrest;
- Has been adjudicated in court to be an unlawful user of an intoxicating substance and is under a court order of imprisonment or other incarceration, probation, suspended or deferred sentence, treatment or education, or other conditions of release or is otherwise under state supervision;
- has been adjudicated in court to be mentally ill, mentally disordered, or mentally disabled and is still subject to a disposition order of that court; or
- was dishonorably discharged from the United States armed forces.
Additionally, the sheriff may deny an applicant if the sheriff has reasonable cause to believe that the applicant is mentally ill, mentally disordered, or mentally disabled or otherwise may be a threat to the peace and good order of the community. At the time an application is denied, the sheriff shall, unless the applicant is the subject of an active criminal investigation, give the applicant a written statement of the reasonable cause upon which the denial is based.
Training
Proof of the following training is required to be submitted with an application for a permit:
- A hunter education or safety course approved or conducted by the Dept. of Fish, Wildlife, and Parks or a similar agency of another state;
- A firearms safety or training course approved or conducted by:
- The Dept. of Fish, Wildlife, and Parks or a similar agency of another state;
- A national firearms association;
- A law enforcement agency;
- An institution of higher education;
- An organization that uses instructors certified by a national firearms association.
- Completion of a law enforcement firearms safety or training course;
- Possession of a license from another state to carry a firearm, concealed or otherwise, that is granted by that state upon completion of a hunting or firearm safety course;
- Evidence that the applicant, during military service, was found to be qualified to operate firearms, including handguns.
Application and Renewal (45-8-322)
Fees are $50 for initial permits. Fingerprint cost is $5 and are not required for renewals. Renewals are good for four years and cost $25. Renewals may be made within 90 days prior to the permit's expiration. Additional information may not be requested by a sheriff. Applications are considered confidential and not public records.
A permittee who moves their county of residence shall within 10 days of the change inform the sheriffs of both the old and new counties of the change of residence. If the person's residence changes either from or to a city or town with a police force, the person shall also inform the chief of police in each of those cities or towns that has a police force, 45-8-325.
A permittee who moves their county of residence shall within 10 days of the change inform the sheriffs of both the old and new counties of the change of residence. If the person's residence changes either from or to a city or town with a police force, the person shall also inform the chief of police in each of those cities or towns that has a police force, 45-8-325.
Denials and Appeals
Denials must be issued within 60 days after an application is received, 45-8-323. The denial or revocation of a permit to carry a concealed weapon or refusal of a renewal is subject to appeal to the district court up to the Supreme Court, which may consider and determine facts as well as law and which is not bound by any factual, legal, or other determination of the sheriff, 45-8-324.
Reciprocity
A concealed weapon permit from another state is valid in Montana if (45-8-329):
- The person issued the permit has the permit in the person's immediate possession;
- The person bearing the permit is also in possession of an official photo identification of the person, whether on the permit or on other identification;
- The state that issued the permit requires a criminal records background check of permit applicants prior to issuance of a permit.
Definition of "Concealed"
"Concealed weapon" means any weapon [...] that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon [...] (45-8-315)
The following information regarding what defines concealed carry is provided for historical purposes as a permit is no longer required for those who may legally possess firearms. As far as carrying a firearm in a purse, bag, backpack or case, Montana law is not as specific as other states which do prohibit such carry. The Department of Justice's Firearms FAQ page provides the following unofficial opinion:
If you have a CWP you may carry a gun in a purse or backpack. If you do not have a CWP it could be considered a violation of the law for you to conceal a gun in a purse or backpack, since the law defines a concealed weapon as one that is “wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon.” Check with your local county sheriff or county attorney for more information.
Accidental concealment of an openly carried firearm, such as clothing falling over the gun, is not criminal, as the offense requires it to be done "purposely and knowingly." "Printing," where the imprint of your gun shows through your clothing, is not illegal anywhere in the United States.
Concealed carry is better than open carry because surprise will work to my advantage.
The idea behind this is that an openly carried weapon may make the carrier a primary target of the criminal/terrorist. The concealed carrier would blend in with the crowd, and then draw at when it was to their advantage.
This assumption is generally false in the absence of evidence that an openly carried weapon leads to victimization. Abundant evidence is available that open carry is indeed a deterrent to crime. Concealed carry lacks that deterrent factor. The 'gray man' element, appearing unremarkable and blending in with the crowd, only has application when one may be specifically sought out; such as in the case of a police officer. The desire not to be spotted carrying a firearm or otherwise identified typically comes from the police influence in the concealed carry training world.
The advantage of concealed carry lies in the fact that it may be possible to carry in places where open carriers would be shunned or asked to leave. Legally speaking, the advantage is with open carry, yet due to modern sensitivities, the discreet option of undetected concealed carry would prevent any debates with anti-gunners or objections to having the weapon on private property where the owner/management might prohibit it. Also, given one’s choice of dress or activities, concealed carry may be more appropriate.
The debate is largely a matter of taste and environment. A citizen carrier with anti-gun customers or friends may want to protect themselves without alienating others. Some may feel uncomfortable carrying openly. Whatever the choice, it is a personal one and not to be judged or criticized.
Open carry and concealed carry each have their own unique advantages and disadvantages; neither is inherently superior to the other. Both methods complement each other and allow for flexibility in self-defense.
The idea behind this is that an openly carried weapon may make the carrier a primary target of the criminal/terrorist. The concealed carrier would blend in with the crowd, and then draw at when it was to their advantage.
This assumption is generally false in the absence of evidence that an openly carried weapon leads to victimization. Abundant evidence is available that open carry is indeed a deterrent to crime. Concealed carry lacks that deterrent factor. The 'gray man' element, appearing unremarkable and blending in with the crowd, only has application when one may be specifically sought out; such as in the case of a police officer. The desire not to be spotted carrying a firearm or otherwise identified typically comes from the police influence in the concealed carry training world.
The advantage of concealed carry lies in the fact that it may be possible to carry in places where open carriers would be shunned or asked to leave. Legally speaking, the advantage is with open carry, yet due to modern sensitivities, the discreet option of undetected concealed carry would prevent any debates with anti-gunners or objections to having the weapon on private property where the owner/management might prohibit it. Also, given one’s choice of dress or activities, concealed carry may be more appropriate.
The debate is largely a matter of taste and environment. A citizen carrier with anti-gun customers or friends may want to protect themselves without alienating others. Some may feel uncomfortable carrying openly. Whatever the choice, it is a personal one and not to be judged or criticized.
Open carry and concealed carry each have their own unique advantages and disadvantages; neither is inherently superior to the other. Both methods complement each other and allow for flexibility in self-defense.