Frequently Asked Firearms Questions in Montana

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Frequently Asked Firearms Questions in Montana

These FAQs are offered by the Department of Justice as a public service to provide answers to basic firearms questions based on Montana law.  But firearms are often also subject to the laws of other jurisdictions, including federal laws and even, in some instances, the laws of other states.  These FAQs do not address or account for those laws.  Moreover, the Department of Justice cannot provide individual legal advice or representation on gun issues.  While we hope these FAQs can help address certain basic, reoccurring firearms questions, the Department of Justice strongly recommends that all individuals consult with their own attorneys.

Where do I apply for a Montana Concealed Weapons Permit (CWP)?

All CWP applications are received and processed by the local county sheriffs.  You should apply for a CWP with the sheriff’s office in the county of your residence.

How long is my permit good for?

You must be a US citizen or a permanent lawful resident of the US and a resident of Montana for at least six months.  You must be 18 years of age or older and you must have a valid Montana driver’s license or state-issued ID card, which has a picture of the person identified.  You must also demonstrate familiarity and proficiency with a firearm. Permits issued by the State of Montana are valid for 4 years from the date of issuance.

What training do I need for a CWP?

An applicant for a CWP must “demonstrate familiarity with a firearm” by completion of a hunter education or safety course, a firearms safety or training course, or a law enforcement firearms safety or training course.  Military training or other training may also qualify – please contact your local county sheriff for more details.

What if the sheriff denies my request for a CWP?

Montana law authorizes an appeal to the district court and then to the Montana Supreme Court if the sheriff denies, revokes, or refuses to renew a CWP.  The Montana Attorney General’s office cannot provide legal advice or representation to individuals who have been denied a CWP.

Can I get a non-resident CWP in Montana?

No

What happens if I move to a different county in Montana?

Your CWP is still valid, but you must notify the sheriffs of both the old and the new counties of your change in residence within 10 days of your move.  If your residence change is to or from a city or town with a police force, you must also notify the chief of police in each of those cities or towns.

Can I carry a firearm in my vehicle even if I don’t have a CWP?

Yes. Montana law does not regulate how firearms are carried in a vehicle.  If you are traveling interstate please contact the Federal Bureau of Alcohol, Tobacco and Firearms (ATF) and the state authorities in the other states you will be traveling in regarding any restrictions on interstate transport of weapons.

Are there places or circumstances when I cannot carry a weapon even if I have a CWP?

In Montana, a concealed weapon permit is not required to lawfully carry a concealed weapon in most locations, as long as you are eligible to possess a firearm under state or federal law. However, there are some exceptions. It is illegal to carry a concealed weapon while under the influence of an intoxicating substance. It is illegal to carry a concealed weapon in state government offices or state buildings, unless you are the holder of a current, valid Montana concealed weapons permit. It is illegal 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 also allows local governments to regulate the carrying of both concealed and unconcealed weapons in certain areas, including public buildings. Please check local regulations.

What about university campuses?

Under new state law, Montana’s “constitutional carry” status applies to Montana University System campuses. However, this portion of state law has been enjoined by a Montana District Court pending outcome of litigation between the Montana Board of Regents and the State of Montana. Therefore, it is currently not legal to carry a concealed weapon on Montana University System campuses. Check back with this page for updates.

Does Montana have “reciprocity” with other states?

No. Montana law does not provide for “reciprocity” with other states, but Montana does recognize many other states’ permits, and some other states recognize Montana’s permit.  The states whose permit Montana recognizes are listed on this website.  To determine if your Montana CWP is recognized by another specific state, you must contact that state for information.  And remember:  the laws of the state you are in govern concealed carry, even if your basis for carrying concealed is an out-of-state permit.  So know the laws of each state you are carrying in.

Do I need a CWP to carry a weapon concealed at my own home or business?

Generally no, unless some other law prevents carrying at that location.

Do I need a CWP to carry a weapon while hiking or hunting?

No.

Do I need a CWP to carry a concealed weapon outside of town?

No.

I don’t have a CWP. Can I still carry a firearm concealed?

Yes, as long as you are eligible to possess a firearm under state or federal law. Under Montana law, you can carry a firearm concealed or unconcealed without a concealed weapons permit, subject to certain exceptions. It is illegal to carry a concealed weapon while under the influence of an intoxicating substance. It is illegal to carry a concealed weapon in state government offices or state buildings, unless you are the holder of a current, valid Montana concealed weapons permit. It is illegal 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 also allows local governments to regulate the carrying of both concealed and unconcealed weapons in certain areas, including public buildings. Please check local regulations.

I am a resident of another state. Can I purchase a firearm from a dealer in Montana?

Montana law does not prohibit sales of firearms to out-of-state residents, but federal laws and the laws of your resident state might.  Consult your attorney.

Are there any laws governing a private sale of firearms in Montana?

Montana law does not regulate the private sales of firearms, but federal law does.  Consult your attorney.

Can the owner or proprietor of a residence or business prohibit carrying of a weapon if I have a CWP?

Yes, the owner or proprietor of a property may prohibit all weapons on that property.

Can I carry a gun in my purse or backpack?

Yes, as long as you are eligible to possess a firearm under state or federal law. Under Montana law, you can carry a firearm concealed or unconcealed without a concealed weapons permit, subject to certain exceptions. It is illegal to carry a concealed weapon while under the influence of an intoxicating substance. It is illegal to carry a concealed weapon in state government offices or state buildings, unless you are the holder of a current, valid Montana concealed weapons permit. It is illegal 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 also allows local governments to regulate the carrying of both concealed and unconcealed weapons in certain areas, including public buildings. Please check local regulations.

I’m vacationing in Montana. Can I bring a weapon into your State?

Yes.  You may legally possess a firearm in Montana as long as you are in compliance with all Montana and federal firearms laws.

What about the national parks?

The law governing possession of firearms inside a national park changed in 2010. Federal law allows people who can legally possess firearms under applicable federal, state, and local laws, to legally possess firearms in this park. This includes concealed weapons if the visitor has a valid permit. Federal law still prohibits firearms in certain park facilities and buildings.

What about the Indian reservations?

Montana has seven Indian reservations, some of which have their own laws regarding firearms.  Please contact the individual tribal governments for information on firearms if you will be visiting or traveling through the Indian reservations.

I just moved to Montana. Can I get a concealed weapon permit issued by the state of Montana?

You have to be a resident of Montana for six months before applying for a CWP.

Can I get a CWP if I have been convicted of a felony in Montana?

If you have completed your sentence so that your rights are restored pursuant to article II, section 28 of the Montana Constitution, and there are no other legal impediments to receiving a CWP, you may be eligible to apply for and receive a CWP unless (1) the crime included as an element of the offense an act, attempted, act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or sexual intercourse or contact without consent, or (2) you are under lifetime supervision for having received an enhanced sentence for using a weapon in the commission of the underlying offense.  The CWP may be denied, however, if a background check reveals that you are ineligible under state or federal law to own, possess, or receive a firearm.  Other circumstances may also affect your eligibility.  Please consult with your attorney regarding your specific legal rights.  The Office of the Attorney General cannot provide individual legal advice or representation.

What if the conviction is from another state or is a federal conviction?

You are probably not eligible for a CWP if the conviction was for a crime punishable by more than 1 year of incarceration or if the crime included as an element of the offense an act, attempted, act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or sexual intercourse or contact without consent.  Even if your sentence has been completed, you may not be eligible to possess a firearm under federal law.  Please consult with your attorney regarding your specific legal rights.  The Office of the Attorney General cannot provide individual legal advice or representation.

What if my conviction was a misdemeanor?

You are ineligible for a CWP if the misdemeanor conviction was for a violation of Mont. Code Ann. § 45-8-327 (carrying a concealed weapon while under the influence) or Mont. Code Ann. § 45-8-328 (carrying a concealed weapon in a prohibited place.  Also, if the misdemeanor crime included as an element of the offense an act, attempted, act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or sexual intercourse or contact without consent, then you are also ineligible for a Montana CWP.  Please consult with your attorney regarding your specific legal rights.  The Office of the Attorney General cannot provide individual legal advice or representation.

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