Montana Armed Self-Defense Laws
(1) "Force likely to cause death or serious bodily harm" within the meaning of this chapter includes but is not limited to:
(a) the firing of a firearm in the direction of a person, even though no purpose exists to kill or inflict serious bodily harm; and
(b) the firing of a firearm at a vehicle in which a person is riding.
(2) "Forcible felony" means any felony which involves the use or threat of physical force or violence against any individual. (45-3-101)
45-3-102 Use of force in defense of person
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 conduct is necessary for self-defense or the defense of another against the other person's imminent use of unlawful force. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony. You may act in self-defense of another.
45-3-103 Use of force in defense of occupied structure (Castle Doctrine)
(1) 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.
(2) A person justified in the use of of force likely to cause death or serious bodily harm only if:
45-3-104 Use of force in defense of other property
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 conduct is necessary to prevent or terminate the other person's trespass on or criminal interference with either real property (outside the home) including a family member's property or other property the person has charge of (renter, foreman, etc.).
You may not use deadly force to stop theft. The use of force likely to cause death or serious bodily harm is justified only if the person reasonably believes that the force is necessary to prevent the commission of a forcible felony.
You may not shoot someone who refuses to leave, even if they are belligerent, unless they present a threat of death or serious bodily harm. State v. Sorenson
45-3-105 Use of force by aggressor
Anyone who purposely or knowingly provokes the use of force against another person (starts a fight) may not use force against the other party unless:
45-3-110 No duty to retreat (Stand Your Ground)
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.
45-3-111 Openly carrying weapon
(1) Any person who is not otherwise prohibited from doing so by federal or state law may openly carry a weapon and may communicate to another person the fact that the person has a weapon (warning to discourage an attack and not just limited to open carry).
(2) If a person reasonably believes that the person or another person is threatened with bodily harm, the person may warn or threaten the use of force, including deadly force, against the aggressor, including drawing or presenting a weapon.
(3) This section does not limit the authority of the board of regents or other postsecondary institutions to regulate the carrying of weapons on their campuses.
Montana does not have any codified protection from liability for justifiable self-defense. That means you could potentially be sued if you shoot someone in self-defense.
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 conduct is necessary for self-defense or the defense of another against the other person's imminent use of unlawful force. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony. You may act in self-defense of another.
45-3-103 Use of force in defense of occupied structure (Castle Doctrine)
(1) 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.
(2) A person justified in the use of of force likely to cause death or serious bodily harm only if:
- The entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or
- The person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.
45-3-104 Use of force in defense of other property
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 conduct is necessary to prevent or terminate the other person's trespass on or criminal interference with either real property (outside the home) including a family member's property or other property the person has charge of (renter, foreman, etc.).
You may not use deadly force to stop theft. The use of force likely to cause death or serious bodily harm is justified only if the person reasonably believes that the force is necessary to prevent the commission of a forcible felony.
You may not shoot someone who refuses to leave, even if they are belligerent, unless they present a threat of death or serious bodily harm. State v. Sorenson
45-3-105 Use of force by aggressor
Anyone who purposely or knowingly provokes the use of force against another person (starts a fight) may not use force against the other party unless:
- The force is so great that one reasonably believes that they are in imminent danger of death or serious bodily harm;
- They have exhausted every reasonable means to escape the danger other than the use of force;
- In good faith, they withdraw from physical contact with the other person and indicate clearly their desire to withdraw, but the attack continues or resumes the use of force.
45-3-110 No duty to retreat (Stand Your Ground)
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.
45-3-111 Openly carrying weapon
(1) Any person who is not otherwise prohibited from doing so by federal or state law may openly carry a weapon and may communicate to another person the fact that the person has a weapon (warning to discourage an attack and not just limited to open carry).
(2) If a person reasonably believes that the person or another person is threatened with bodily harm, the person may warn or threaten the use of force, including deadly force, against the aggressor, including drawing or presenting a weapon.
(3) This section does not limit the authority of the board of regents or other postsecondary institutions to regulate the carrying of weapons on their campuses.
Montana does not have any codified protection from liability for justifiable self-defense. That means you could potentially be sued if you shoot someone in self-defense.