Montana Gun Control Laws

Montana has perhaps the most lenient gun control laws in the country, with no prohibitions on purchasing handguns, rifles, or shotguns in the state.  In addition, no local authority can override the state regulations for gun control except concerning the discharge of guns or the carrying of guns at public assemblies, government buildings, or parks.  There are also few laws against possession of firearms, with the primary statute prohibiting a minor less than 14 years of age from possessing a firearm unless accompanied by a parent or guardian or while supervised by a qualified firearms safety instructor.

There is a prohibition against carrying a concealed weapon without a permit within the limits of cities, towns, or logging camps.  However, Montana is a “shall issue” state for concealed carry, and therefore, they will issue a concealed weapons permit to those who are qualified within 60 days of the application.  Open carry and carrying a firearm in a motor vehicle are also permitted.  As of October 1, 2009, the state legislature declared that certain firearms and their accessories that are manufactured, sold, and kept within the state are exempt from federal regulation, since they are not considered interstate commerce.  Montana also honors concealed carry permits from most, but not all, other states.

Carrying Guns and Possession Laws: Penalties & Regulations

While a Montana citizen must have a permit to carry a concealed weapon within the limits of cities, towns, or logging camps, that permit may be denied to anyone who has been incarcerated for more than one year, convicted of carrying a concealed weapon while under the influence of alcohol, or in a public place, was dishonorably discharged, is guilty of public intoxication or drug use, or is mentally incompetent.  All applicants must also show that they are familiar with firearms and can handle them safely. 

• Carrying or being found in possession of a machine gun in the process of committing a violent crime is punishable by a minimum of 20 years in prison
• Convicted persons found in possession of a firearm face penalties of two to ten years imprisonment if convicted
• Penalties for illegally carry weapons in a concealed manner include fines of no more than $500 with potential jail sentences of up to six months for first time offenders

Requirements: For Firearms Possession and Carry in the state of Montana

Montana Gun Purchasing Laws

Montana has no restrictions on the purchase of firearms in the state other than federal restrictions, which are not covered under the new statutes in the Montana Firearms Freedom Act of 2009.

Penalties & Regulations for Illegal Purchases

Most laws and regulations pertaining to unlawful purchase of weapons related to minors in the state of Montana.  However, a specific state law notes that no municipal, city, town, or local government is allowed to regulate, prohibit, or license the sale, purchase, or transfer of firearms.  At the state level, adherence to federal laws regarding weapons sale and purchase is required.  Additionally, parents found criminally negligent in allowing their minor access to a weapon can be held accountable for any ensuing damages or criminal charges that may occur.

Requirements: For Purchase of Firearms in state of Montana

Firing Handguns and Self Defense in Montana

The state of Montana prohibits the discharge of a firearm within city or town limits, or within private grounds that contain a home.  It is also against Montana law to shoot game from a moving vehicle or public highway, or to shoot across the right-of-way of a public highway.   Title 45, Chapter 3 of Montana State Code is dedicated exclusively to the definition of justifiable use of force.  Some of the preeminent laws relating to guns and firing them in self-defense include:

• The use of a firearm against another individual in self-defense of self or others is only permissible when individuals believe that serious bodily injury or death will occur unless action is taken otherwise.  Additionally, the use of lethal force to stop the commission of any forcible felony, such as rape or kidnapping, is permissible
• Use of firearms is permissible against individuals if attempting to unlawfully enter one’s home or property for the purpose of committing injury to occupants, or to commit other forcible felonies
• Use of lethal force is permitted to defend one’s personal property only to the extent that it is required to prevent the commission of a forcible felony

Legal Help

While the laws in Montana are more lenient that those in most other states, this does not mean that the consequences for breaking these laws are lenient.  That means anytime you are facing such charges, you should call upon a criminal attorney to help you defend yourself and, whenever possible, have those charges reduced or dismissed.