Gun Laws in Montana
Explore comprehensive information on Montana's gun laws. Learn about permit requirements, firearm registration, concealed and open carry laws, and more. Stay informed and ensure compliance with Montana's firearm regulations.
| Subject/law | Long guns | Hand guns | Relevant statutes | Notes |
|---|
| State permit required to purchase? | No | No | | |
| Firearm registration? | No | No | | |
| Assault weapon law? | No | No | | |
| Magazine capacity restriction? | No | No | | |
| Owner license required? | No | No | | |
| Permit required for concealed carry? | N/A | No | MCA § 45-8-316
MCA § 45-8-321 | Montana is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older.
Permitless carry took effect on February 18, 2021. |
| Permit required for open carry? | No | No | MCA § 45-8-311 | May carry openly without permit. |
| Castle Doctrine/Stand Your Ground law? | Yes | Yes | MCA § 45-3 | |
| State preemption of local restrictions? | Yes | Yes | MCA § 45-8-351 | Localities may regulate firearm discharge and the open or unpermitted concealed carry of weapons to a publicly owned and occupied building. |
| NFA weapons restricted? | No | No | | |
| Peaceable Journey laws? | No | No | | |
| Background checks required for private sales? | No | No | | Missoula enacted a universal background check ordinance in 2016, however Attorney General Tim Fox opined that the ordinance is unlawful.[76] In October 2018, a state judge ruled that the ordinance was lawful[77] but the ordinance was struck down unanimously by the Montana Supreme Court on October 22, 2019.[78] |
Understanding Gun Laws by State: A Deep Dive into Montana
When it comes to gun laws, each state in the U.S. has its own unique set of regulations. In this article, we'll be focusing on the gun laws in Montana. Whether you're a resident of the state or planning a visit, it's important to understand these laws to ensure you're in compliance.
No Permit Required for Purchase
In Montana, there is no state permit required to purchase either long guns or handguns. This means that individuals can purchase these types of firearms without having to obtain a specific permit from the state.
No Firearm Registration
Similarly, Montana does not require firearm registration. This applies to both long guns and handguns. Therefore, after purchasing a firearm, you are not required to register it with the state.
No Assault Weapon Law or Magazine Capacity Restriction
Montana does not have an assault weapon law, meaning there are no specific restrictions on owning or purchasing these types of firearms. Additionally, there is no magazine capacity restriction in place. This means that there are no limits on the size or capacity of the magazines that can be used with firearms in the state.
No Owner License Required
Montana does not require firearm owners to have a license. This applies to both long guns and handguns. As a result, you do not need to obtain a license to own a firearm in the state.
Concealed Carry and Open Carry Laws
Montana is a "shall issue" state, which means that it will provide concealed carry permits to citizens and lawful permanent residents who are 18 years or older. However, as of February 18, 2021, Montana has implemented permitless carry, meaning you do not need a permit to carry a concealed handgun. For long guns, the concept of concealed carry is not applicable.
When it comes to open carry, Montana allows individuals to carry firearms openly without a permit. This applies to both long guns and handguns.
Castle Doctrine/Stand Your Ground Law
Montana has a Castle Doctrine/Stand Your Ground law in place. This law essentially allows individuals to use force, including deadly force, to protect themselves in their homes (the "castle" doctrine) and anywhere else they have a legal right to be (the "stand your ground" principle).
State Preemption of Local Restrictions
Montana has a state preemption law, which means that the state laws override any local restrictions on firearms. However, localities can regulate firearm discharge and the open or unpermitted concealed carry of weapons to a publicly owned and occupied building.
NFA Weapons
Montana does not restrict weapons that fall under the National Firearms Act (NFA). This includes items like machine guns, short-barreled rifles, and suppressors.
Background Checks for Private Sales
Montana does not require background checks for private sales of firearms. However, it's worth noting that the city of Missoula attempted to enact a universal background check ordinance in 2016. This ordinance was initially deemed lawful by a state judge, but was later struck down unanimously by the Montana Supreme Court in 2019.
In conclusion, Montana's gun laws are relatively relaxed compared to many other states. However, it's always important to stay informed about any changes to these laws and to ensure you're in compliance when owning, purchasing, or carrying a firearm in the state.
