Montana Concealed Weapon Charges

With some of the most lenient gun laws in the nation, Montana state legislators seek to expand concealed carry laws further. Republican State Representative, Krayton Kerns, introduced House Bill 384 on February 2, 2011. If this new legislation gets approved, it will no longer be illegal to carry a concealed weapon into a prohibited place with a valid permit. House Bill 271 was also introduced which would allow anyone eligible for a concealed weapons permit to carry without applying for a permit. Concealed carry is currently allowed in rural areas of Montana without a permit. Both pieces of legislation would need Senate approval before being enacted.

Montana Weapons Laws

Montana is a “shall-issue” state which means the county sheriff will issue a concealed weapons permit to residents 18 years or older who meet the necessary requirements. It is unlawful to carry a concealed weapon in any of the following places:

• All state and federal buildings
• Any building owned
• A local school for student instruction or activities
• Banks, credit unions, savings and loan institutions
• Places that primary serve alcohol for consumption on the premises

It is unlawful to carry a concealed firearm on a train unless approved by the railroad and delivered to the operator prior to boarding.

Violations

Loaded firearms are permitted to be carried in plain view in a motor vehicle. Montana’s concealed weapons violations are listed in the table below:

Plea Options

All criminal defendants must enter a plea at the arraignment hearing. If they plead not guilty, a date will be set for a pretrial conference. Pleading guilty or no contest often results in a sentence being handed down by the judge immediately. It is common for the defendant and prosecutor to reach a plea bargain, avoiding a trial altogether. Defendants can plead guilty in exchange for a reduction of the charges. This means less time spent in jail and a lower fine.

Legal Advice from a Montana Criminal Defense Attorney

Suspects have the right to a jury trial where they can confront their accusers and provide evidence of their innocence. A criminal defense attorney who is experienced in trial litigation may be an asset in finding witnesses who can help your case. Any person who has been charged with a crime must obtain skilled legal counsel to defend his rights.