Montana law allows any person to conceal carry a weapon without a concealed weapon permit, so long as that person is eligible to possess a firearm under state or federal law.

• Montana law allows any person to conceal carry a weapon in state government office or state building, but only if that person is the holder of a current, valid Montana concealed weapon permit
• Montana issues concealed weapon permits, which must be applied for and obtained from your local Montana county sheriff.
• It is illegal for a person to carry a concealed weapon into a courtroom or space controlled by a Montana court, unless otherwise ordered by the judge in charge of that court.
• It is illegal to carry a concealed weapon into a Montana public school, unless otherwise ordered by the school board in charge of that public school.
• It is illegal to carry a concealed weapon into a federal office or building.
• Montana law allows local governments to regulate the carrying of both concealed and unconcealed weapons in certain areas.  Please check local regulations. County sheriffs can provide information on where concealed weapons are prohibited in their counties.
• Montana has no prohibitions about carrying a weapon in a motor vehicle.

Montana Residents

To obtain a Montana concealed weapon permit, a person must:

• have been a Montana resident for at least six (6) months;
• be a U.S. citizen or permanent lawful resident of the U.S.; and
• be at least eighteen (18) years old.

Concealed weapon permit applications are available from the local sheriff’s office.  The statutory form for a Montana concealed weapon permit can be found at Montana Code Annotated § 45-8-322.

Montana residents who want to know if their concealed weapon permit is valid in another state must check with the specific state in which they want to carry a concealed weapon.

Non-Residents

Montana law allows any person to conceal carry a weapon without a concealed weapon permit, so long as that person is eligible to possess a firearm under state or federal law.  See above for guidance.

Montana recognizes concealed weapon permits from some other states. Non-residents must meet the following criteria, which can be found at Montana Code Annotated § 45-8-329:

• The state that issued their permit must require a criminal records background check before issuing the permit;
• The permit must be in the holder’s immediate possession; and
• The permit holder must have photo identification.

Pursuant to Montana Code Annotated § 45-8-329(2), the Montana Attorney General’s Office has determined that concealed weapon permits from the following states are recognized under Montana law:

People who hold permits from the following states may not carry concealed weapons in Montana because their state laws do not expressly require background checks of permit applicants:

Delaware
District of Columbia
Hawaii
Maine
New Hampshire
Rhode Island

Vermont does not issue concealed weapons permits.

Law Enforcement Officers

Federal legislation signed in July 2004 exempts current and retired law enforcement officers from Montana’s concealed weapon statute. Any qualified law enforcement officer with proper identification can carry a concealed weapon, overruling state concealed weapons laws to the contrary.

Qualifications

Active Officers

Under the federal law, a qualified law enforcement officer is defined as a current employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and who has the statutory powers of arrest. In addition, the law enforcement officer must:

• Be authorized by the agency to carry a firearm
• Meet the agency’s necessary qualifications to carry a firearm
• Be in good standing with the agency
• Not be under the influence of alcohol or drugs
• Not be prohibited by federal law from carrying a firearm

Identification required:

• The photographic identification issued by the governmental agency by which the individual is employed. A badge qualifies as long as it has a photo ID with it.

In Montana, an officer’s P.O.S.T. certification fulfills the requirements of this act.

Retired Officers

The federal legislation defines a qualified retired law enforcement officer as anyone who retired from service with a public agency as a law enforcement officer as defined above and did so in good standing. In addition, the individual must:

• Have been a law enforcement officer a total of at least 15 years
• Have completed the employer’s required probationary period, if retiring due to a service-connected disability
• Have a nonforfeitable right to benefits under the retirement plan of a law enforcement agency
• Have met, during the most recent 12-month period, at his or her own expense, the same standards for training and qualification to carry a firearm as are required for active law enforcement officers in his or her resident state
• Not be under the influence of alcohol or drugs
• Not be prohibited by federal law from carrying a firearm

Identification required:

• A photo ID issued by the law enforcement agency from which the individual retired that indicates that he or she has met the same standards to carry a firearm as are required by that agency for active law enforcement officers, or
• A photo ID issued by the law enforcement agency from which the individual retired, and a certification issued by the individual’s state of residence that indicates he or she has met, during the most recent 12-month period, at his or her own expense, the same standards for training and qualification to carry a firearm as are required for active law enforcement officers in his or her resident state

However, because the federal legislation contained no funding to create state or local programs to qualify retired law enforcement officers to carry a concealed weapon under this provision, there are few agencies that offer such programs. While some smaller local agencies may qualify their retirees, such programs are not generally available in Montana and few retired officers here are therefore able to carry concealed weapons under this federal legislation.

While a retired law enforcement officer may have a Montana concealed weapons permit, having that Montana permit does not meet the firearms qualifications required by the federal act and does not allow retired officers to operate under its provisions, either in Montana or when they travel out of state.