State law, Mont. Code Ann. § 45-8-313, prohibits “purposely or knowingly” possessing a firearm after a person has been convicted of a felony for which he or she received an additional sentence under Montana Code Ann. § 46-18-221 (for commission of an offense where the person knowingly displayed, brandished, or otherwise used a firearm, destructive device or other dangerous weapon), or any equivalent offense in another jurisdiction that would make the person liable to the additional penalty in Montana. A violation is punishable by a sentence of a minimum of two years’ imprisonment. This prohibition does not apply to a person who has been granted a permit to purchase and possess as described below. Mont Code Ann. § 45-8-313(3),

However, any person convicted of a firearm-prohibiting crime described above may apply to the district court for the county in which the person resides for a permit to purchase and possess one or more firearms. The county attorney or county sheriff may file a written objection to the application; however, if no objection is filed, the court may grant the permit if it finds that the person has shown good cause to purchase and possess the firearm or firearms listed in the application. If an objection is filed, a hearing must be held in which the court must decide whether the objection is valid and overrides the good cause showing and requires denial of the permit. Mont Code Ann. § 45-8-314.

A regulation makes it a condition of probation or parole that the offender is prohibited from using, owning, possessing, transferring, or controlling any firearm or ammunition (including black powder). Mont. Admin. R. 20.7.1101(5).

It is a crime for a prisoner to knowingly possess, carry or have a firearm while in custody and after being committed to a state prison or incarcerated in a county jail, city jail, or regional jail. This applies to any youth in custody in a youth detention facility, secure detention facility, regional detention facility, short-term detention center, state youth correctional facility, or shelter care facility. Mont. Code Ann. § 45-8-318. 

It is a crime to knowingly possess a sawed-off firearm, being a rifle or shotgun that, when originally manufactured, had a barrel length of 16 inches or more and an overall length of 26 inches or more in the case of a rifle, or 18 inches or more and an overall length of 26 inches or more in the case of a shotgun, and where the firearm has been since modified so that the barrel length, overall length, or both, are less than these specifications. This does not apply to firearms possessed by a person who has a valid federal tax stamp for the firearm issued by the federal bureau of alcohol, tobacco, firearms and explosives, law enforcement, a person in actual service as a member of the national guard, a bona fide collector of firearms if the firearm is a muzzleloading, sawed-off firearm manufactured before 1900, or firearms that are incapable of being fired and possessed for educational or scientific purposes. Mont. Code Ann. § 45-8-340.

It is a felony to possess (or use) a machine gun in the perpetration or attempted perpetration of a crime of violence (any forcible felony, robbery, burglary, and criminal trespass) or for any other offensive or aggressive purpose. Mont. Code Ann. §§ 45-8-303, 304, 302 (definitions). An offensive or aggressive purpose is presumed when the machine gun is in the possession or use of any person who has been convicted of a crime of violence in any jurisdiction. Mont. Code Ann. § 45-8-305. 

It is a felony for a person to possess, manufacture, transport, buy, or sell a silencer with the purpose of using it to commit an offense, or knowing that another person has such a purpose. Mont. Code Ann. § 45-8-336.

It is unlawful for anyone except law enforcement personnel to purposely and knowingly possess, carry or store a weapon (including any type of firearm) in a school building, or for a parent of a minor to permit the minor to do so. A “school building” means all buildings owned or leased by a local school district that are used for instruction or for student activities, but does not include a home school. Mont Code Ann. § 45-8-361.

It is unlawful for a parent or a guardian to permit a minor under 14 years of age to carry or use a firearm in public unless the minor is accompanied by the parent or guardian or under supervision of a qualified firearms safety instructor who has been authorized by the parent or guardian. Mont. Code Ann. § 45-8-344.

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, although a landlord or hotel or motel operator may prohibit the discharge of a firearm on the premises, except those in self-defense. Mont. Code Ann. § 70-24-110.

The open carry of a weapon is generally allowed by any person who is not otherwise prohibited from doing so under federal or state law. A person carrying openly may communicate to another person the fact that the person has a weapon. Mont. Code Ann. § 45-3-111.

Montana is a “shall issue” state with respect to carry permits. Mont. Code Ann. § 45-8-321(1).

An applicant for a permit must be a U.S. citizen, aged 18 or older, holding a valid photo identification issued by the state, and a resident of the state for at least six months. A criminal history record and background check of the applicant shall be conducted.

An applicant is not eligible for a permit if he or she:

• is prohibited under Montana or federal law from owning, possessing, or receiving a firearm;
• has a warrant outstanding for his or her arrest, or has been charged and is awaiting judgment in any state for a state or federal crime that is punishable by incarceration for one year or more;
• has been convicted in any state or federal court of a crime that includes as an element certain acts, attempted acts, or threats, or any crime that is punishable by more than one year of incarceration, unless the person’s firearm rights have been restored;
• has been convicted in Montana of carrying a concealed weapon while under the influence or of carrying a concealed weapon in a prohibited place, and either has not been pardoned or less than five years have elapsed since the date of the conviction;
• was dishonorably discharged from the United States armed forces;
• 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; or
• has been adjudicated by any court to be mentally ill, mentally disordered, or mentally disabled and is still subject to a disposition order of that court.

A sheriff may also deny an application if the sheriff has “reasonable cause to believe that the applicant is mentally ill, mentally disordered, or mentally disabled or otherwise may be a threat to the peace and good order of the community to the extent that the applicant should not be allowed to carry a concealed weapon.” Mont. Code Ann. §§ 45-8-321(1), (2).

An applicant must also demonstrate familiarity with a firearm by proof of completion of an approved hunter’s education, firearms safety, or law enforcement training course; possession of a license from another state to carry a firearm granted by that state upon completion of an equivalent course; or evidence that the applicant, during military service, was found to be qualified to operate firearms. As an alternative, at the option of the sheriff, demonstrating familiarity with a firearm may be satisfied by the applicant’s passing, to the satisfaction of the sheriff or the sheriff’s delegate, a physical test in which the applicant demonstrates adequate familiarity with a firearm. Mont. Code Ann. §§ 45-8-321(3), (5).

The sheriff must, within 60 days of the application, either approve the application and issue a permit or deny the permit. A permit is valid for four years from the date of issuance. Mont. Code Ann. § 45-8-321(1).

Officers or employees of a state or local government agency cannot ask a permit holder to submit information voluntarily in addition to what is required by an application or permit, and all of the information on the application is confidential. Mont. Code Ann. § 45-8-322(7).

The denial or revocation of a permit or refusal of a renewal is subject to appeal to the district court. Mont. Code Ann. § 45-8-324.

A sheriff or county is not liable for damages in a civil action by a person or entity claiming death, personal injury, or property damage arising from alleged wrongful or improper grant, renewal, or failure to revoke the permit, except for actions that constitute willful misconduct or gross negligence. Mont. Code Ann. § 45-8-326.

It is a crime for anyone, including a permit holder, to purposely or knowingly carry a concealed weapon while under the influence of an intoxicating substance. Mont. Code Ann. § 45-8-327.

Prohibited places for carrying firearms. The 2021 law, HB 102, amended the state law on places where carrying a weapon is prohibited.

Section 4 of that law states that carrying is prohibited, even for persons with a permit, at the following places:

• in a correctional, detention, or treatment facility operated by or contracted with the department of corrections or a secure treatment facility operated by the department of public health and human services;
• in a detention facility or secure area of a law enforcement facility owned and operated by a city or county;
• at or beyond a security screening checkpoint regulated by the transportation security administration in a publicly owned, commercial airport;
• in a building owned and occupied by the United States or on a military reservation owned and managed by the United States;
• on private property where the owner of the property or the person who possesses or is in control of the property, including a tenant or lessee of the property, expressly prohibits firearms;
• within a courtroom or an area of a courthouse in use by court personnel pursuant to an order of a justice of the peace or judge; and
• in a school building, as determined by a school board.

Under Mont. Code Ann. § 45-8-328, as amended, it is a crime for any person except a person with a valid Montana permit or a valid permit recognized by reciprocity, to carry a concealed weapon in portions of a building used for state or local government offices and related areas in the building that have been restricted.

Carrying or discharging firearms is prohibited in a game preserve created by the legislature or by the state fish and wildlife commission, unless authorized by the director by permit and in accordance with commission rules. Mont. Code Ann. § 87-5-401.

Section 6 of the 2021 law, HB 102, prohibits the board of regents and any unit of the university system from regulating or placing an undue burden on the possession, transportation, or storage of firearms on or within university system property by a person eligible to possess a firearm under state and federal law, who meets the minimum safety and training requirements in Mont. Code Ann. § 45-8-321(3). However, this section contains certain exceptions, and does not take effect until June 1, 2021. The things that the board of regents or a unit of the university system may prohibit or regulate under the 2021 law include: 

• the discharge of a firearm on or within university system property unless the discharge is done in self-defense.
• the removal of a firearm from a gun case or holster unless the removal is done in self-defense or within the home, on campus, of the person in lawful possession of the gun.
• the pointing of a firearm at another person unless the lawful possessor is acting in self-defense.
• the carrying of a firearm outside of a home on campus, unless the gun is in a case or holstered.
• the failure to secure a firearm with a locking device whenever the firearm is not in the possession of or under the person’s immediate control.
• the possession or storage of a firearm in an on-campus dormitory or housing unit without the express permission of any roommate of the person in possession of the gun.
• the possession or storage of a firearm by any individual who has a history of adjudicated university system discipline arising out of the individual’s interpersonal violence or substance abuse.
• the possession of a firearm at an event on campus where campus authorities have authorized alcohol to be served and consumed.
• the possession of a firearm at an athletic or entertainment event open to the public with controlled access and armed security on site.

NOTE: The Board of Regents of Higher Education in the state voted to challenge the new law in court and have since obtained a court order to block the implementation of the campus carry provisions in Section 6 of HB 102, pending a court hearing on the merits. The links to the legal documents and status of the Board of Regents v. Montana lawsuit are available here.  

A concealed weapon permit from another state is valid in Montana if the person issued the permit has the permit in the person’s immediate possession, the person bearing the permit is also in possession of an official photo identification of the person, and the state that issued the permit requires a criminal records background check for permit applicants prior to issuance. Mont. Code Ann. § 45-8-329(1).

It is a felony to possess (or use) a machine gun in the perpetration or attempted perpetration of a crime of violence (any forcible felony, robbery, burglary, and criminal trespass) or for any other offensive or aggressive purpose. Mont. Code Ann. §§ 45-8-303, 304, 302 (definitions). An offensive or aggressive purpose is presumed when the machine gun is in the possession or use of any person who has been convicted of a crime of violence. Mont. Code Ann. § 45-8-305. 

This law does not prohibit or interfere with the possession of a machine gun for scientific purposes, or the possession of a machine gun that is not usable as a weapon and possessed as a curiosity, ornament or keepsake, or the possession of a machine gun for a purpose manifestly not aggressive or offensive. Mont. Code Ann. § 45-8-307.

It is a felony for a person to possess, manufacture, transport, buy, or sell a silencer with the purpose of using it to commit an offense, or knowing that another person has such a purpose. Mont. Code Ann. § 45-8-336.

Montana has no laws prohibiting or regulating “large capacity” magazines.

Montana defines “armor-piercing ammunition” as ammunition “which, if fired from a handgun under the test procedure of the national institute of law enforcement and criminal justice standard for the ballistics resistance of police body armor promulgated December 1978, is capable of penetrating bullet-resistant apparel or body armor meeting the requirements of Type IIA of Standard NILECJ-STD-0101.01 as formulated by the United States department of justice and published in December 1978.” State law does not prohibit or regulate such ammunition, although pursuant to Mont. Code Ann. § 46-18-224, anyone who is convicted of a crime in which bodily injury occurred or was attempted or threatened and who knowingly used or carried a handgun loaded with armor-piercing ammunition during the commission of the offense is generally liable to an additional sentence for the offense.

It is a crime to knowingly possess a sawed-off firearm, being a rifle or shotgun that, when originally manufactured, had a barrel length of 16 inches or more and an overall length of 26 inches or more in the case of a rifle, or 18 inches or more and an overall length of 26 inches or more in the case of a shotgun, and where the firearm has been since modified so that the barrel length, overall length, or both, are less than these specifications. This does not apply to firearms possessed by a person who has a valid federal tax stamp for the firearm issued by the federal bureau of alcohol, tobacco, firearms and explosives, law enforcement, a person in actual service as a member of the national guard, a bona fide collector of firearms if the firearm is a muzzleloading, sawed-off firearm manufactured before 1900, or firearms that are incapable of being fired and possessed for educational or scientific purposes. Mont. Code Ann. § 45-8-340.

Montana has no law prohibiting or regulating “assault weapons.”

Mont. Code Ann. § 7-1-111(9) prohibits a local government unit with self-government powers (municipalities that have adopted a charter with self-governing powers) from exercising “any power that applies to or affects the right to keep or bear arms.”

A separate provision that applies to other local governments states that a county, city, town, consolidated local government, or other local government unit, “may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun,” subject to the exceptions provided in that section. Mont. Code Ann. § 45-8-351(1).

The two exceptions are (1) “for public safety purposes,” a city or town may regulate the discharge of rifles, shotguns, and handguns, and (2) a county, city, town, consolidated local government, or other local government unit may prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction.

However, a local government exercising these powers may not prohibit the legitimate display of firearms at shows or other public occasions by collectors and others, or prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.

Local governments are also prohibited from bringing suit against a firearms or ammunition manufacturer, trade association, or dealer for abatement, injunctive relief, or tort damages resulting from or relating to the design, manufacture, marketing, or sale of firearms or ammunition sold to the public. Under state law, Mont. Code Ann. § 7-1-115, this authority is “reserved exclusively to the state and may not be exercised by a local governmental unit.” The state may sue under this section on its own behalf or on behalf of a local governmental unit, or both.

Firearm disability arising from mental health adjudication, commitment. Montana has no state law prohibition for persons with mental health-related adjudications or commitments. Note that the federal law prohibition at 18 USC §§ 922(d)(4) and (g)(4) (prohibiting the possession or receipt of firearms by persons “adjudicated as a mental defective” or who have “been committed to any mental institution,” as those terms are defined in federal law) remains in effect. A Montana law, Mont. Code Ann. § 53-21-141(3) does restore state rights for any person committed to a mental health facility—all of the person’s civil and legal rights that may have been lost when the person was committed are “automatically restored upon the termination of the commitment,” but this does not extend to a restoration of rights under federal law.  

Firearm disability arising from criminal conviction. Mont. Code Ann. § 45-8-313 states that a person loses their firearm rights under state law upon conviction, in Montana or elsewhere, for a felony where the sentence was enhanced due to the use of a firearm or other dangerous weapon. As part of the sentence, a Montana court must impose “life supervision by the state for the purpose of restricting the person’s right to purchase and possess firearms,” which results in a firearm disability and a requirement that the person “must comply with other state and federal law restrictions on the purchase and possession of firearms.” Mont. Code Ann. § 45-8-314(1).

A person under the firearm disability above may apply to the district court in the county in which the person resides for a permit to purchase and possess one or more firearms. The person must show good cause for the possession of each firearm sought to be purchased and possessed. At the time of filing the application with the court, the applicant must mail a copy to the county attorney and county sheriff. Mont. Code Ann. § 45-8-314(2)(a).

The county attorney or county sheriff may file a written objection against granting the permit with the court. If no objection is filed, the court may grant the permit if it finds that the person has shown good cause to purchase and possess the firearm or firearms listed in the application. If an objection is filed, a hearing must be held within 60 days after the filing of the objection. If the court first finds that the person has shown good cause to purchase and possess the firearm or firearms listed in the application and that, but for the objection, the court would have granted a permit, the court shall decide whether the objection is valid and overrides the good cause showing and requires denial of the permit. Mont. Code Ann. § 45-8-314(2)(d).

If an application is denied, another application may be made, but the person must wait for 12 months to elapse from the time of the denial.

A pardon may also restore the person’s firearm rights. It is not available to persons whose convictions are not Montana state law convictions. Misdemeanor convictions under Montana state law are eligible. Under Mont. Code Ann. § 46-23-301(1)(b), a pardon means the person is “relieved of all legal consequences of a prior conviction.”

Montana law allows expungement of criminal records.

For more information on restoration of rights following a conviction, see the state website on pardons, https://bopp.mt.gov/ExecutiveClemency, and the federal and relevant state law page at https://ccresourcecenter.org/restoration. 

The operation of a range may be suspended if the shooting range presents a clear and provable safety hazard to adjacent population, where (1) reasonable notice and opportunity to respond are afforded the range operators; and (2) a reasonable opportunity is afforded the range operators to correct any safety defects. Mont. Code Ann. § 76-9-105(3).

A planning district growth policy, recommendation, resolution, rule, or zoning designation may not: (1) prevent the operation of an existing shooting range as a nonconforming use; (2) prohibit the establishment of new shooting ranges, but it may regulate the construction of shooting ranges to specified zones; or (3) prevent the erection or construction of safety improvements on existing shooting ranges. Mont. Code Ann. § 76-9-104.

With respect to noise and public nuisances, Mont. Code Ann. § 45-8-111(5) states that “noises resulting from the shooting activities at a shooting range during established hours of operation are not considered a public nuisance.”

While Mont. Code Ann. § 7-5-2109 authorizes a county government, by ordinance, to “regulate, control, and prohibit littering,” this has a specific exception for “lead, copper, or brass deposits directly resulting from shooting activities at a shooting range.”

Similarly, although state law allow a county government to prohibit conditions of “community decay” (a public nuisance created by allowing rubble, debris, junk, or refuse to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses, or obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property”), “community decay” may not be used or applied to “normal activities at a shooting range.” Mont. Code Ann. §§ 7-5-2110, 7-5-2111.

It is a crime to purposely or knowingly supply, sell, or give possession or control of any firearm to a criminal street gang, where there is actual knowledge that the gun will be used to commit any crime listed in Mont. Code Ann. § 45-8-405 by a criminal street gang. Mont. Code Ann. § 45-8-406.

It is unlawful to (1) remove, deface, cover, alter, destroy, or otherwise obscure the manufacturer’s serial number or any other distinguishing identification number or mark upon any firearm with the purpose to conceal, misrepresent, or transfer the firearm; or (2) possess, with the purpose to conceal, misrepresent, or transfer any firearm, knowing that the serial number or other identification number or mark has been removed or otherwise obscured. The fact of possession or transfer of any such firearm creates a presumption that the person knew the serial number or other identification number or mark had been removed or otherwise obscured. Mont. Code Ann. § 45-6-326.

It is an offence to willfully shoot a firearm within the limits of any town or city, or of any private enclosure which contains a dwelling house, unless the discharge is in lawful self defense or it occurs at an indoor or outdoor shooting range located within the limits of a town or city or in a private dwelling if the shooting range is approved by the local governing body. Mont. Code Ann. § 45-8-343.

It is unlawful to discharge a firearm from or upon a snowmobile. Mont. Code Ann. § 23-2-633.

It is unlawful to shoot game from any self-propelled or drawn vehicle or on or from a public highway. Mont. Code Ann. § 87-6-405(1).