Montana gun laws & concealed carry reciprocity map

Montana is a shall-issue, permitless carry state, with concealed weapons permits processed on a local level by the county sheriff’s office.

No permit is needed to purchase a firearm from a private individual, there is no waiting period, and there is no firearms registration in the state. Background checks are not required for private sales. Background checks are required if you’re purchasing a handgun from a Federal Firearms Dealer, with the exception of Montana Concealed Weapons Permit holders.

Open carry is legal in Montana without a permit for anyone at least 18 years old that can legally possess a firearm. The federal minimum age is 18 years old, although state law allows 14-year-olds to carry or use a firearm in public under direct supervision of a parent, guardian, qualified firearms safety instructor or an adult who has been authorized by the parent or guardian. Some areas are off-limits, including federal buildings. It should be noted that concealed is defined as a handgun that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon.

Concealed carry is legal without a permit for anyone at least 18 years old that can legally own a firearm in most locations. A permit is required to carry concealed in portions of a building used for state or local government offices and related areas in the building that have been restricted. HB-102 was signed into law on February 18, 2021, and goes into effect immediately. It eliminated many of the prior gun-free zones in the state. See the Location Restrictions section for details. Although Montana doesn’t require firearms safety training, an applicant for a Montana Concealed Weapons Permit (MCWP) must demonstrate “familiarity with a firearm.” Montana does not issue permits to non-residents. Local municipalities can prohibit unpermitted concealed carry in publicly owned and occupied buildings. In terms of reciprocity, Montana recognizes permits from states that require criminal records background checks.

Where can I carry with my Montana permit?

Yes

Yes, Constitutional Carry

Yes, Other Restrictions

No

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Key Montana Gun Laws

Important Firearm Laws

duty to inform officer you're carrying?

No

There is no duty to inform a law enforcement officer that you're carrying a concealed firearm in Montana, but out-of-state permit holders must be carrying a permit and ID.

[Mont. Code Ann. § 45-8-329]

"no weapons allowed" signs enforced?

No

No. "No Weapons Allowed" signs are not enforced in Montana.

public access to concealed carry registry?

No

No. The public cannot access concealed carry registry information through public records law in the state of Montana.

non-resident permitting?

No

No. Montana does not issue concealed carry permits to non-residents.

red-flag law?

No

No. Montana does not have a red flag law.

preemption?

Yes

Yes, the state has preemption of firearms laws in Montana. However, a city or town may:

  • Adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries, under most circumstances;
  • Regulate the discharge of rifles, shotguns and handguns; and
  • Prevent and suppress the carrying of unconcealed weapons and unpermitted concealed weapons in publicly owned and occupied buildings.

[Mont. Code Ann. § 45-8-351]

brandishing?

No

No definition of brandishing was found in Montana law. However, a person is guilty of disorderly conduct if he or she creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.

[Mont. Code Ann. § 45-8-101]

A person commits the offense of assault with a weapon if the person purposefully or knowingly causes bodily injury to another with a weapon or reasonable apprehension of serious bodily injury in another by use of a weapon or what reasonably appears to be a weapon.

[Mont. Code Ann. § 45-5-213]

driver's license linked to carry permit?

Yes

Yes. Your Montana driver’s license is linked to your Montana concealed weapons permit. Therefore, a law enforcement officer will be notified immediately that you are a concealed carry permit holder if they run your driver’s license.

carry while using alcohol or an intoxicating substance?

See details

Not while under the influence of an intoxicating substance.

[Mont. Code Ann. § 45-8-327]

As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgment, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.

Carry Basics

open carry permitted?

Yes

Yes, open carry is allowed without a permit. Any person who is at least 18 years old and who is legally entitled to possess a firearm can open carry, however, local municipalities may prohibit open carry in publicly owned and occupied buildings. 

[Mont. Code Ann. § 45-3-111]

minimum age for concealed carry?

See details

You must be at least 18 years old to get a concealed carry permit in Montana.

weapons other than handguns allowed?

No

Concealed weapon means means a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon.

[Montana Code Ann. § 45-8-315]

magazine limits for handguns?

No

No, Montana does not limit magazine capacity for handguns.

permitless carry?

Yes

Yes. As of February 18, 2021, HB-102 was signed into law making it legal to concealed carry without a permit except in government buildings, offices and restricted locations.

gun permit licensure?

See details

Montana is a shall-issue state.

ammunition restrictions?

Yes

Yes. Montana mandates a sentence enhancement for any conviction for a crime in which bodily injury was inflicted, attempted, or threatened by someone who knowingly used or carried a handgun loaded with armor-piercing ammunition.

[Mont. Code Ann. § 46-18-224(1)]

non-lethal weapons?

Yes

STUN GUNS and Tasers are legal to purchase and possess without a permit in Montana.

PEPPER SPRAY - Legal for self-defense purposes. Montana imposes no restrictions on size or concentration.

TEAR GAS - Legal for self-defense but subject to general misuse laws.

BEAR SPRAY - Legal and widely used in Montana for self-defense against wildlife. There are no specific state restrictions, but misuse against humans could lead to legal consequences.

BLUDGEONS AND BATONS - Expandable batons are legal to own and carry in Montana. Batons are not classified as "dangerous weapons," so they can be carried openly or concealed without a permit.

Items such as billy clubs, slapjacks, and nightsticks are also legal unless used with criminal intent.

BRASS KNUCKLES - Legal under Montana law. There are no explicit bans on possession, sale, or use.

byrna's?

Yes

Yes. These are legal for purchase and possession. Byrna guns are not classified as firearms under Montana law.

Handgun Purchase & Possession

waiting period?

No

No.

background checks for private gun sales?

No

No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun.

montana permit exempts from background check?

Yes

Yes.

handgun registration?

No

No, handgun registration is not required in Montana.

minimum age to possess and transport?

See details

14 years old. It is unlawful for a parent, guardian or other person having charge or custody of a minor child under the age of 14 years to permit the minor child to carry or use in public any firearms, except when the child is accompanied by a person having charge or custody of the child or under the supervision of a qualified firearms safety instructor or an adult who has been authorized by the parent or guardian.

[Mont. Code Ann. § 45-8-344]

possess a handgun on my private property without a permit?

Yes

​It is legal for anyone legally entitled to carry a firearm, to carry a concealed firearm at one's own private property, land, at one's home, or one's place of business without a permit,

[Mont. Code Ann. 45-8-317(j)]

purchase permits?

No

No, a permit is not required to purchase a handgun in Montana.

Important Concealed Carry Information

Top Gun Laws & Concealed Carry Permit Information For Montana Residents

Concealed Carry Basics Faq

carry while gun hunting?

Yes

Yes. You may carry a concealed weapon without a CWP while lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection.

[Dept of Justice FAQ]

hunter harassment law?

Yes

Yes. A person may not intentionally interfere with the lawful taking of a wild animal or fishing by another with intent to prevent or hinder its lawful taking. 

[Mont. Code Ann. 87-6-215]

wear a covid mask & carry?

Yes

There is no known statute in Montana making it illegal to wear a COVID mask while carrying concealed. In addition, Cascade County Sheriff Jesse Slaughter confirmed that it is not illegal. 

carry while bow hunting?

Yes

Yes.

what are the knife laws in montana?

See details

Montana allows residents to possess and open carry any type of knife. However, it is illegal to bring a knife with a blade of 4 inches or longer, a sword or a straight razor to schools.

[MCA § 45-8-361]

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Montana Concealed Carry License Information

Processing Time:

60 days

Name/Address Changes:

A permittee who changes his or her county of residence shall, within 10 days of the change, inform the sheriffs of both the old and new counties of residence. If the person's residence changes either from or to a city or town with a police force, the person shall also inform the chief of police.

Contact the sheriff's office in your county for information on name changes.

Requirements:

An applicant must:

  • Be at least 18 years old;
  • Be a U.S. citizen;
  • Have been a Montana resident for 6 months;
  • Demonstrate familiarity with a firearm;
  • Have a valid form of photo ID issued by the state, such as a driver's license; and
  • Must meet federal law requirements.

*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of Montana.

Fees:

Initial Permit ~ $60

Renewals  $25

Non-Resident Concealed Carry Permits:

Montana doesn’t issue permits to non-residents.

Residency Changes:

Moving to Montana and interested in applying for a resident permit? How soon can you apply?Montana issues permits to residents only. You can apply for your permit with the sheriff of your county once you have been a Montana resident for six months.

Moving from Montana and have a Montana resident permit? Does that permit transfer to your new state? Is there a grace period during which your Montana permit remains valid?If a person with a Montana pistol permit establishes residency in another state, the pistol permit expires upon the establishment of residence in the other state.

Valid For:

Application:

Check online for your county sheriff’s office. Some have them available for download.

Lost/Stolen Permits:

Lost permits are treated as renewals, and each county establishes its own guidelines. Contact the sheriff's office in your county for information.

Find a CCW class near you.

How to get a Montana Concealed Weapons Permit

Step 1:

Complete a firearms training course, if required.

Step 2:

Download the online application from your home county or pick up from your local sheriff's office.

Step 3:

Take your application to your local sheriff's office. You will need the following:

  • Three completed and signed reference forms;
  • Photo ID; and
  • Certificate from firearms course

You will be fingerprinted.

Step 4:

You will be notified if your application has been approved.

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Concealed Carry Locations FAQ

carry/possess at a hotel?

Yes

A landlord or operator of a hotel or motel may not, by contract or otherwise, prevent a tenant or a guest of a tenant from possessing on the premises a firearm that it is legal for the tenant or guest to possess. See the Handguns at Hotels page for additional information

[Mont. Code Ann. § 70-24-110(15)]

carry at roadside rest areas?

Yes

Yes. Carrying a concealed firearm at roadside rest areas is allowed in Montana.

carry in vehicle?

Yes

Yes, without a permit. Per the Montana Department of Justice FAQ website, Montana law does not regulate how firearms are carried in a vehicle.

[MT DOJ Firearm FAQs]

store in a vehicle in an employee parking lot?

See details

Not addressed in Montana state law, although employers may have a policy.

carry in bars/restaurants that serve alcohol?

Yes

Yes, as of February 18, 2021, HB-102 was signed into law making it legal to concealed carry in places where alcohol is served, provided you are not be under the influence.

[2021 House Bill 102 revisions to Mont. Code Ann. §§ 45-8-328 and 45-8-327]

carry in state/national parks, state/national forests and wildlife management areas (wmas)?

Yes

Yes, concealed carry is permitted without a permit for anyone at least 18 years old that can legally own a firearm outside the official boundaries of towns or cities or the confines of logging, lumbering, mining or railroad camps and while engaged in any of the following activities; fishing, hunting, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection.

[MT DOJ Firearms FAQs]

tribal land

See details

Fort Peck Assiniboine & Sioux - Yes, with a valid permit from any state. Title 7 Ch. 4 Sec 401
Blackfeet Tribe - Only with a permit approved by the Law and Order Commission. Ch. 5 Part 4 Sec 3
Chippewa Cree Indians - No
Crow - No
Assiniboine & Gros Ventre - Only with a permit approved by appropriate authorities. Part 4 Sec. 2.1
Confederated Salish and Kootenai Tribes - Yes, with a valid Montana permit. 2-1-1201
Northern Cheyenne - No

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Montana Self-Defense Laws

Use of Force In Defense of Occupied Structure

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.

A person is justified in the use of deadly force 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.

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 deadly force 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.

Use of Force In Defense of Other Property

A person is justified in the use of force or threat to use force against another to prevent or terminate the other person’s trespass on or other tortious or criminal interference with either real property, other than an occupied structure, or personal property lawfully in the person’s possession or in the possession of another who is a member of the person’s immediate family or household or of a person whose property the person has a legal duty to protect.

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 the commission of a forcible felony.

“Forcible felony” means any felony which involves the use or threat of physical force or violence against any individual.

[Montana Code Ann. §§ 45-3-102, 45-3-103 and 45-3-104]

 

Self-Defense

Montana is a Castle Doctrine state and has a “stand your ground” law. 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 to summon law enforcement assistance prior to using force.

Montana Gun Law Updates

DateDetails

2025-04-08

Added non-lethal weapons to Carry Basics section.

2024-12-26

Added tribal land information under Carry Location section.

2021-12-02

Updated info on MT University System firearm prohibition per new ruling in Location Restrictions

2021-05-18

Added info on driver's license link to permit in At A Glance table

2021-02-19

Per HB 102, updated info on permitless concealed carry in Summary & At A Glance table

2021-02-19

Per HB 102, updated info on can't carry locations in Summary & Location Restrictions

2021-01-04

Updated info on municipalities authority to regulate firearms in At A Glance table

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