Montana concealed carry laws were once again the subject of debate early in 2017 when Governor Steve Bullock vetoed a bill allowing for concealed carry without a permit. Despite requiring a permit, Montana concealed carry laws don't have many restrictions.
Learning how to legally carry in this state is a matter of understanding the application process, the restrictions and what to expect if traveling to the state with a firearm.
How to get a Montana concealed carry permit
The Montana concealed carry permit, and its application, is provided by the applicant's respective county sheriff. It will take 60 days for the sheriff to process the application and the permit will expire after four years from the issuing date.
The state technically only has three requirements to qualify for the permit, according to MCA 45-8-321 (1). The applicant must be:
- 18 years old with a valid form of identification
- A Montana resident for 6 months
- A U.S. citizen
There are more disqualifiers for getting ahold of that permit, though. While this isn't an all-inclusive list, some of those disqualifiers under MCA 45-8-321 (1) (a) - (h) and MCA 45-8-321 (2) are:
- Mental illness, disorder or disability
- Inability to own or possess a firearm under state or Federal law
- Conviction of a crime that resulted in at least one year incarceration
- Conviction of a crime related to an act, attempted act or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse or sexual intercourse/contact without consent
- A warrant for arrest
- Adjudication of being mentally ill or being an unlawful user of an intoxicating substance
- Dishonorable discharge
One may have their rights restored from a felony conviction, except for those related to the fourth item on the previous list, under Article II, section 28, of the Montana constitution and be qualified for a permit.
To be given a concealed weapon permit, the applicant must demonstrate familiarity with a firearm by completing a hunter education course, firearms safety course taught by an approved entity, law enforcement education firearms course or military qualification to operate handguns. A permit from another state that includes a similar training requirement may satisfy this section as well.
The initial application fee is $50, and it's $25 for renewal.
If the application is denied, one may appeal to a district court and then to the state supreme court if the sheriff continues to deny an application without legal reason.
If one moves residences between counties and has a concealed weapons permit, they should alert both respective sheriffs within ten days.
Current and retired law enforcement officers are recognized under the Law Enforcement Officers Security Act of 2004 and may circumvent Montana's concealed weapons statute with the appropriate identification.
Once received, a permit can only do so much, however. It doesn't allow concealed carry everywhere in the state, and conversely one may not even need to obtain a permit under certain circumstances.
The freedoms and restrictions of Montana gun laws
Montana gun laws prohibit weapons in a few key locations throughout the state, as well as allow certain organizations to prohibit firearms on their premises.
According to the Department of Justice, firearms are prohibited at these locations:
- State or government offices and buildings
- Schools
- Banks
- Credit unions
- Savings and loan institutions
- Rooms where alcohol is sold
- On trains
University campuses may prohibit firearms on location. Local governments may regulate carrying firearms in areas like public assemblies, public buildings, parks and schools.
It is illegal to carry a concealed weapon while intoxicated in Montana.
But, while there are restrictions, there are also times when a permit isn't even necessary. The state allows carrying a concealed weapon without a permit while lawfully engaged in:
- Ranching
- Farming
- Hiking
- Backpacking
- Trapping
- Fishing
- Camping
- Hunting
According to MCA 45-8-317 (i), a concealed weapon may be carried without a permit outside the official boundaries of a city, town or confines of a logging, lumbering, mining or railroad camp. As this isn't formal legal advice, be sure to contact a county sheriff or a legal representative before doing so, as there may be specific restrictions as per local laws.
Businesses may prohibit firearms on location.
Native American reservations should be contacted about their specific regulations if one is visiting with a firearm any of the seven within the state.
Similarly, one doesn't need a permit if carrying in their home or business, unless there are specific location prohibitions on that land or area. Montana also doesn't regulate how weapons are carried in vehicles, so traveling to the state and leaving the firearm in a vehicle is acceptable, but be certain to check with other states if traveling interstate.
No matter how one is traveling in Montana with firearms, it's good to keep reciprocity in mind.
Montana concealed carry reciprocity
Montana concealed carry reciprocity recognizes certain out-of-state permits -- about 43, to be exact.
However, as states shift to permitless carry or the requirements to receive a permit either intensify or relax, there will be changes in the number of states' permits Montana recognizes and vice versa.
Non-residents visiting Montana will have their permit legally recognized if their respective state conducts background checks on permits, if the permit holder has photo ID and the permit is in their possession.
More than 30 other states recognize Montana's permit. Be sure to stay up to date.
FAQs
Who can carry concealed without a permit in Montana?
Montana law allows any person 18 years or older who is legally allowed to possess a firearm to carry a concealed weapon without a permit. Permitless carry applies statewide but does not allow carrying in certain locations like state buildings unless the carrier holds a valid Montana concealed weapon permit.
How do I get a concealed carry permit in Montana?
Residents must have been a Montana resident for at least six months, be at least 18 years old, a U.S. citizen or lawful permanent resident, and hold a valid Montana driver’s license or state-issued photo ID. Applicants must provide proof of firearms safety training and complete fingerprinting. The application is submitted to the county sheriff’s office with appropriate fees.
What type of training is required for obtaining a Montana concealed weapon permit?
Applicants must complete hunter education, firearms safety training, or a certified training course that includes live-fire qualification. Training can be provided by government agencies, certified instructors, law enforcement, or recognized organizations.
Where is carrying concealed prohibited, even with a permit, in Montana?
Concealed carry is prohibited in courtrooms, schools (unless permitted by the school board), federal buildings, and certain public buildings. Carry is also forbidden in private properties where firearms are banned by signage. Individual counties can regulate carry in public parks and meetings.
How long is a Montana concealed weapon permit valid, and how do I renew it?
Montana concealed weapon permits are generally valid for four years. Renewal requires reapplication and payment of renewal fees within 90 days before expiration. Late renewals may require reapplication with training retraining and fees.
Is open carry allowed in Montana?
Open carry of firearms is generally lawful for individuals 18 or older who are legally able to possess weapons. Open carry is subject to the same location restrictions as concealed carry and may not be allowed in specific regulated areas.
Does Montana recognize concealed carry permits from other states?
Montana issues an Enhanced Concealed Carry License that can facilitate carry in other states with reciprocity agreements and stricter requirements. Standard permits and constitutional carry do not guarantee reciprocity outside Montana.
What documents do I need to carry under constitutional or permitless carry in Montana?
Carriers should carry valid photo ID and proof of residency if applicable. Permits are not required but can offer added protections and reciprocity. Responsible concealed carry demands adherence to all laws and regulations.
Are there any recent changes to Montana concealed carry laws?
Montana's 2021 amendments eliminated permit requirements for concealed carry, confirming rights under constitutional provisions. The addition of an Enhanced Concealed Carry License in 2023 offers expanded reciprocity and carries stricter application criteria.
What should I know about carrying firearms in Montana vehicles?
Montana has no specific prohibitions on carrying firearms in vehicles when lawful to possess. Firearms can be carried loaded and concealed in vehicles without needing a permit, subject to applicable federal regulations in national parks.
|
About The Author Jake Smith (@notjakesmith) is a copywriter and photographer based in the pacific northwest. He graduated from the University of Idaho with degrees in public relations and apparel. |