MT: State Firearms Laws
MONTANA
(As of August, 1995)
PLEASE NOTE: In addition to state laws, the purchase, sale and
(in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control Act of
1968 as amended by the Firearms Owners' Protection Act. Also,
cities and localities may have their own firearms ordinances in
addition to federal and state laws. Details may be obtained by
contacting local law enforcement authorities, and by consulting
the State Laws and Published Ordinances_Firearms, available from
the U.S. Government Printing Office, Washington, D.C. 20402.
QUICK REFERENCE CHART
Rifles and
Shotguns Handguns
Permit to Purchase NO NO
Registration of Firearms NO NO
Licensing of Owner NO NO
Permit to Carry: NO YES*
*A permit is required to carry a concealed firearm.
STATE CONSTITUTIONAL PROVISION
"The right of any person to keep or bear arms in defense of
his own home, person, and property, or in aid of the civil power
when thereto legally summoned, shall not be called in question,
but nothing herein contained shall be held to permit the carrying
of concealed weapons." Article 2, Section 12.
POSSESSION
No state permit is required to possess a rifle, shotgun or
handgun.
It is unlawful for a parent or a guardian to permit a minor
under 14 years of age to carry or use a loaded firearm unless the
minor is accompanied by the parent or guardian or under
supervision of a qualified firearms safety instructor.
PURCHASE
No state permit is required for the purchase of any rifle,
shotgun or handgun.
CARRYING
It is unlawful to "carry or bear" a concealed handgun
without a permit to carry. Concealed has been defined as "wholly
or partially covered by the clothing or wearing apparel."
A county sheriff shall within 60 days after the filing of an
application issue a permit to carry a concealed weapon for a term
of four years. The applicant must be a U.S. citizen, 18 or older,
hold a valid picture identification, and a resident of the state
for at least 6 months. A permit may not be denied unless the
applicant is ineligible under Montana or federal law to own,
possess, or receive a firearm; has been charged and is awaiting
judgment for a state or federal crime that is punishable by
incarceration for one year or more; has a warrant outstanding for
his arrest; has been adjudicated 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 condition of release
or is otherwise under state supervision; has been adjudicated to
be mentally ill, defective, or disabled and is still subject to a
disposition order of that court. A permit may be denied based on
a reasonable cause to believe that the applicant is mentally ill,
defective, or disabled or otherwise may be a threat to the peace
and good order of the community. An applicant must demonstrate
familiarity with a firearm by completion of a firearm safety
course or possession of a license from another state to carry a
firearm that is granted upon completion of a course demonstrating
familiarity with a firearm. The permit fee is $50.00; renewal is
$25.00. A criminal history record and background check of the
applicant shall be conducted and a $5.00 fee may be charged for
fingerprinting. A permit may be revoked or its renewal denied if
circumstances arise that would require refusal to grant the
permittee an original license. Denials and revocations are
subject to appeal to the District Court and then to the Montana
Supreme Court. Changes of address notifications must be given
within 10 days.
The issuer of a permit is not liable for damages except for
actions that constitute willful misconduct or gross negligence.
It is unlawful to carry a concealed firearm under the
influence of an intoxicating substance or in a building owned or
leased by a governmental body, financial institution, or a room
where alcoholic beverages are sold, dispensed, or consumed.
Law enforcement officials advise that the carrying of a
handgun in a glove compartment is considered carrying concealed.
The following are exempt from the prohibition against
carrying concealed:
1) peace officers of Montana;
2) officers of the United States Government authorized to
carry;
3) persons in actual service as national guardsmen;
4) persons summoned to aid (1) through (3)
5) civil officers engaged in the discharge of official
business;
6) persons carrying arms on their own premises or at their home
or place of business.
7) persons outside the boundary of a town or the confines of a
logging, lumbering, mining a railroad camp, or who are lawfully
engaged in an outdoor activity such as hiking, camping, farming,
ranching, or other outdoor activity in which weapons are often
carried for recreation or protection.
ANTIQUES
Montana statutes are silent on antique and replica firearms.
They are treated as ordinary firearms for possession and carrying
purposes.
MACHINE GUNS
A machine gun is defined as a weapon loaded or unloaded,
from which more than six shots may be rapidly, automatically or
semiautomatically discharged from a magazine by a single function
of the firing device.
Possession of a machine gun for an "aggressive or offensive
purpose" is prohibited. A presumption of possession for an
aggressive or offensive purpose is raised by (a) possession
elsewhere than on one's premises owned or rented for permanent
residence or business occupancy or (b) possession by a person who
has been convicted of a crime of violence or (c) when empty or
loaded shells of 30 or larger caliber are "found in the immediate
vicinity thereof" or (d) the machine gun has been adapted to use
pistol cartridges of 30 or larger caliber and has not been
registered with the department of justice within 24 hours of
acquisition.
This law doesn't "prohibit or interfere with" any machine
gun which is (a) possessed for scientific purposes, or (b) not
usable as a weapon and possessed as a "curiosity, ornament or
keepsake" or (c) possessed "for a purpose manifestly
not aggressive or offensive."
MISCELLANEOUS
No unit of local government may prohibit, register, tax,
license, or regulate the transfer, delay in transfer, ownership,
possession, transportation, use, or carrying of firearms. But
local government may regulate the discharge of firearms and may
prevent the carrying of firearms to a public assembly, publicly
owned building, park, school, and the possession of firearms by
minors and other prohibited persons.
It is unlawful to shoot a firearm within the limits of any
town or city or a private enclosure which contains a dwelling
house.
It is unlawful to shoot game from any self-propelled or
drawn vehicle or on or from a public highway.
It is unlawful to shoot a firearm from or across the roadway
of any state or federal highway or country road.
It is unlawful to discharge a firearm from or upon a
snowmobile.
It is unlawful to remove, deface, cover, alter, destroy or
otherwise obscure the manufacturer's serial number on any firearm
with the purpose of concealing, misrepresenting or transferring
the firearm.
CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
1995, NRA Institute for Legislative Action
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