Montana Concealed Carry
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Montana is a shall-issue, permitless carry state, with concealed weapons permits processed locally by the county sheriff’s office.
No permit is required to purchase a firearm from a private individual, and there is no waiting period or firearms registration in the state. Background checks are not necessary for private sales but are required when purchasing a handgun from a Federal Firearms Dealer, except for Montana Concealed Weapons Permit holders.
Open carry is legal in Montana without a permit for anyone at least 18 years old who can legally possess a firearm. The federal minimum age is 18, but 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 authorized adult. Some areas, such as federal buildings, are off-limits. Concealed carry is defined as carrying a handgun that is wholly or partially covered by clothing or apparel.
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Concealed carry is legal without a permit for anyone at least 18 years old who can legally own a firearm in most locations. A permit is required to carry concealed in portions of buildings used for state or local government offices and related restricted areas. HB-102, effective February 18, 2021, eliminated many prior gun-free zones in the state. Local municipalities can prohibit unpermitted concealed carry in publicly owned and occupied buildings. Montana does not issue permits to non-residents. Montana recognizes permits from states that require criminal records background checks.
A person is justified in using force or threatening to use force against another when they reasonably believe it is necessary to prevent or terminate unlawful entry into or attack upon an occupied structure. Deadly force is justified only if:
- The entry is made or attempted, and the person reasonably believes that the force is necessary to prevent an assault upon themselves or another 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.
A person is justified in using force or threatening to use force against another when they reasonably believe it is necessary for self-defense or the defense of another against the other person’s imminent use of unlawful force. Deadly force is justified only if the person reasonably believes it is necessary to prevent imminent death or serious bodily harm to themselves or another, or to prevent the commission of a forcible felony.
Montana follows the Castle Doctrine and has a “stand your ground” law. A person who is lawfully in a place and threatened with bodily injury or loss of life has no duty to retreat or to summon law enforcement assistance before using force.
A person is justified in using force or threatening to use force against another to prevent or terminate trespass on or criminal interference with real property (other than an occupied structure) or personal property lawfully in their possession or in the possession of an immediate family or household member, or a person whose property they have a legal duty to protect. Deadly force is justified only if the person reasonably believes it is necessary to prevent the commission of a forcible felony.
“Forcible felony” refers to any felony involving 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]
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Weapons Other Than Handguns Allowed? Can you concealed carry weapons other than handguns in Montana with a concealed carry permit (or under permitless carry if applicable)?
- Concealed weapon 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]
Tasers or Stun Guns?
Is it legal to own a taser or stun gun in Montana?
- Yes. Stun guns and Tasers are legal to purchase and possess without a permit in Montana.
Chemical Spray/Pepper Spray?
Is it legal to buy or use chemical spray/pepper spray in Montana?
- Yes. There is no statute prohibiting the purchase or use of pepper spray in Montana.
Magazine Limits for Handguns?
Does Montana have magazine capacity restrictions for handguns?
- No, Montana does not limit magazine capacity for handguns.
Ammunition Restrictions?
Does Montana have ammunition restrictions?
- 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)]
Permitless Carry?
Does Montana allow permitless carry?
- 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?
If Montana requires a permit to carry a concealed firearm, how are those permits issued?
- Montana is a shall-issue state.
Minimum Age for Concealed Carry?
What is the minimum age in Montana to get a concealed carry permit?
- You must be at least 18 years old to get a concealed carry permit in Montana.
Open Carry Permitted?
Is open carry permitted in Montana?
- 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]
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STORE IN A VEHICLE IN AN EMPLOYEE PARKING LOT?
Does Montana have laws relating to storing firearms in private vehicles in an employee parking lot? Not addressed in Montana state law, although employers may have a policy.
CARRY IN VEHICLE?
Can you carry a concealed handgun in a vehicle in Montana? Yes, without a permit. Per the Montana Department of Justice FAQ website, Montana law does not regulate how firearms are carried in a vehicle.
CARRY AT ROADSIDE REST AREAS?
Can you carry a concealed firearm at roadside rest areas in Montana? Yes. Carrying a concealed firearm at roadside rest areas is allowed in Montana.
CARRY IN STATE/NATIONAL PARKS, STATE/NATIONAL FORESTS AND WILDLIFE MANAGEMENT AREAS (WMAS)?
Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Montana? 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.
CARRY IN BARS/RESTAURANTS THAT SERVE ALCOHOL?
Can you carry a concealed firearm in bars and restaurants that serve alcohol in Montana? 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 under the influence.
CARRY/POSSESS AT A HOTEL?
Can you carry or possess a firearm on hotel property in Montana? 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.
Duty to Inform Officer You’re Carrying?
- Question: Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Montana?
- Answer: 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)
DRIVER’S LICENSE LINKED TO Carry Permit?
- Question: Is my Montana driver’s license linked to my Montana carry permit?
- Answer: 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.
“No Weapons Allowed” Signs Enforced?
- Question: Are “No Weapons Allowed” signs enforced in Montana?
- Answer: No. “No Weapons Allowed” signs are not enforced in Montana.
Preemption?
- Question: Does Montana have preemption laws related to concealed carry?
- Answer: Yes, Montana has preemption of firearms laws. However, cities or towns may regulate the discharge of firearms within their boundaries and prevent carrying of unconcealed and unpermitted concealed weapons in publicly owned buildings. (Mont. Code Ann. § 45–8–351)
Red-Flag Law?
- Question: Does Montana have a red-flag law?
- Answer: No. Montana does not have a red flag law.
Carry While Using Alcohol or an Intoxicating Substance?
- Question: Does Montana have laws regarding carrying a concealed firearm while using alcohol or an intoxicating substance?
- Answer: Not while under the influence of an intoxicating substance. (Mont. Code Ann. § 45–8–327)
NON-RESIDENT PERMITTING?
- Question: Does Montana issue concealed carry permits to non-residents?
- Answer: No. Montana does not issue concealed carry permits to non-residents.
PUBLIC ACCESS TO CONCEALED CARRY REGISTRY?
- Question: Does Montana allow the public to access concealed carry registry information through public records law?
- Answer: No. The public cannot access concealed carry registry information through public records law in Montana.
Brandishing?
- Question: Does Montana state law define brandishing?
- Answer: No definition of brandishing was found in Montana law. However, disorderly conduct or assault with a weapon laws may apply in relevant situations. (Mont. Code Ann. § 45–8–101, Mont. Code Ann. § 45–5–213)
PURCHASE PERMITS?
Is a permit required to purchase a handgun in Montana? No, a permit is not required to purchase a handgun in Montana.
BACKGROUND CHECKS FOR PRIVATE GUN SALES?
Are background checks required for private gun sales in Montana? 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.
HANDGUN REGISTRATION?
Do handguns need to be registered in Montana? No, handgun registration is not required in Montana.
POSSESS A HANDGUN ON MY PRIVATE PROPERTY WITHOUT A PERMIT?
Can I possess/carry a handgun in my home without a permit? 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.
WAITING PERIOD?
Is there a waiting period after purchasing a handgun in Montana? No.
MONTANA PERMIT EXEMPTS FROM BACKGROUND CHECK?
Does my current Montana concealed carry permit exempt me from needing a background check when I purchase a firearm? Yes.
MINIMUM AGE TO POSSESS AND TRANSPORT?
What is the minimum age to possess and transport a handgun in Montana? 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.
Alabama (permitless carry, at least 18 years old)
Alaska (permitless carry, at least 18 years old)
Arizona (permitless carry, at least 18 years old)
Arkansas (permitless carry, at least 18 years old)
California (permitless carry, at least 18 years old)
Colorado (permitless carry, at least 18 years old)
Connecticut (permitless carry, at least 18 years old)
Delaware (permitless carry, at least 18 years old)
District of Columbia (permitless carry, at least 18 years old)
Florida (permitless carry, at least 18 years old)
Georgia (permitless carry, at least 18 years old)
Hawaii (permitless carry, at least 18 years old)
Idaho (permitless carry, at least 18 years old)
Illinois (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Iowa (permitless carry, at least 18 years old)
Kansas (permitless carry, at least 18 years old)
Kentucky (permitless carry, at least 18 years old)
Louisiana (permitless carry, at least 18 years old)
Maine (permitless carry, at least 18 years old)
Maryland (permitless carry, at least 18 years old)
Massachusetts (permitless carry, at least 18 years old)
Michigan (permitless carry, at least 18 years old)
Minnesota (permitless carry, at least 18 years old)
Mississippi (permitless carry, at least 18 years old)
Missouri (permitless carry, at least 18 years old)
Nebraska (permitless carry, at least 18 years old)
Nevada (permitless carry, at least 18 years old)
New Hampshire (permitless carry, at least 18 years old)
New Jersey (permitless carry, at least 18 years old)
New Mexico (permitless carry, at least 18 years old)
New York (permitless carry, at least 18 years old)
New York City (permitless carry, at least 18 years old)
North Carolina (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
Ohio (permitless carry, at least 18 years old)
Oklahoma (permitless carry, at least 18 years old)
Oregon (permitless carry, at least 18 years old)
Pennsylvania (permitless carry, at least 18 years old)
Puerto Rico (permitless carry, at least 18 years old)
Rhode Island (permitless carry, at least 18 years old)
South Carolina (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 18 years old)
Utah (permitless carry, at least 18 years old)
Vermont (permitless carry, at least 18 years old)
Virginia (permitless carry, at least 18 years old)
Washington (permitless carry, at least 18 years old)
West Virginia (permitless carry, at least 18 years old)
Wisconsin (permitless carry, at least 18 years old)
Wyoming (permitless carry, at least 18 years old)
Since Montana has permitless carry, any person 18 years of age and older who can legally possess a firearm may carry a concealed firearm on his or her person without a license or permit
Alabama (permitless carry, at least 19 years old)
Arkansas (permitless carry, at least 18 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Nevada
New Hampshire (permitless carry, at least 18 years old)
North Carolina
North Dakota (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Vermont (permitless carry, at least 18 years old)
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Colorado (at least 21 years old and resident permits only)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (at least 21 years old)
Maine (permitless carry, at least 21 years old)
Michigan (at least 21 years old and resident permits only)
Minnesota (Enhanced Permits Only)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Nebraska (Permitless carry, at least 21 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
Pennsylvania (at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Virginia (at least 21 years old)
Washington (Enhanced permits only)
West Virginia (permitless carry, at least 21 years old)
Wisconsin (at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
Alabama (permitless carry, at least 19 years old)
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Arkansas (permitless carry, at least 18 years old)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Nebraska (Permitless carry, at least 21 years old)
New Hampshire (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Vermont (permitless carry, at least 18 years old)
West Virginia (permitless carry, at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
*PC-18 = permitless carry if at least 18 years old
*PC-21 = permitless carry if at least 21 years old
Permitless carry includes constitutional carry states as well as states where an individual must meet certain qualifications, e.g., no DUIs in the last 10 years, in order to legally carry (Tennessee). Each state determines the requirements and any limitations on the carry of firearms. Check each state’s page for more information and any restrictions that may apply.
Fees: Initial Permit ~ $60 Renewals $25
Processing Time: 60 days
Application: Check online for your county sheriff’s office. Some have them available for download.
Non-Resident Concealed Carry Permits: Montana doesn’t issue permits to non-residents.
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.
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.
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;
- 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.
Valid For: 5 years Mont. Code Ann. § 45–8–3
Residency Changes: Moving to Montana and interested in applying for a resident permit? 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.
Step 1: Complete a firearms training course, if required.
Step 2: Download the online application from your home county or pick it 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.
To qualify for a concealed carry permit in Montana, applicants must demonstrate familiarity with a firearm. Acceptable methods include:
- Completion of a hunter education or safety course approved by the Department of Fish, Wildlife and Parks (FWP) or a similar agency in another state.
- Completion of a firearms safety or training course approved by the FWP, a similar state agency, a national firearms association, a law enforcement agency, an institution of higher education, or an organization certified by a national firearms association.
- Completion of a law enforcement firearms safety or training course required for public or private law enforcement personnel, conducted or approved by a law enforcement agency.
- Possession of a license from another state permitting firearm carry, granted upon completion of a course equivalent to those listed above.
- Evidence of firearm qualification during military service, including handguns.
- Passage of a physical test demonstrating proficiency with a firearm.
Step-by-step guide for renewing your Montana Concealed Weapon Permit:
- Step 1: Renewals are the responsibility of the permittee. Applications can be submitted up to 90 days before the expiration date. If your permit has expired, you must reapply and pay the new application fee plus a $5.00 fingerprinting fee.
- Step 2: Download the renewal application from your county’s website or pick up a form at your local sheriff’s office.
- Step 3: Bring your completed application to the local sheriff’s office. Required documents include:
- Contact information for three references who are not relatives or employers.
- Photo ID.
- Step 4: Await notification of your application status. You will be informed if your renewal has been approved.
- Bars/Restaurants: Yes, provided you are not under the influence of an intoxicating substance.
- Vehicle: Yes, you can carry in your vehicle without a permit/license.
- Roadside Rest Areas: Yes, you can carry in roadside rest areas.
- State/National Parks, Forests, and WMAs: Yes, you can carry in state/national parks, state/national forests, and Wildlife Management Areas (WMAs) in Montana.
- Traveling by Train: Yes, however, carriers may have restrictions.
- Places of Worship: There is no state statute prohibiting concealed carry in places of worship in Montana. However, places of worship are private property, so they may prohibit firearms.
Places off-limits even with a permit/license:
- School Buildings: Except with prior permission (Mont. Code Ann. § 45–8–361).
- Montana University System Campuses: Except by trained law enforcement or security officers (per the December 1, 2021, First Judicial District ruling).
- Correctional, Detention, and Treatment Facilities: Operated by or contracted with the Department of Corrections.
- Secure Treatment Facilities: Operated by the Department of Public Health and Human Services.
- Detention Facilities and Secure Areas: Of law enforcement facilities owned and operated by a city or county.
- Airport Security Screening Checkpoints: Regulated by the Transportation Security Administration in a publicly owned, commercial airport.
- Buildings and Military Reservations: Owned and occupied by the United States.
- Private Property: Where the owner or possessor expressly prohibits firearms.
- Courtrooms or Courthouses: Areas in use by court personnel pursuant to an order of a justice of the peace or judge.
- Under the Influence: Anywhere while under the influence of an intoxicating substance (Mont. Code Ann. § 45–8–327).
- State Game Preserves: Unless in possession of a permit issued by the Director of Fish, Wildlife and Parks (Mont. Code Ann. § 87–5–401).
- Federal Prohibited Locations: Any place where carrying firearms is prohibited by federal law.
Can you concealed carry while bow hunting in Montana? Yes.
Is there a Hunter Harassment Law in Montana? 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]
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]
I can legally carry a concealed firearm in Montana, but can I wear a COVID 19 protective mask while carrying concealed? 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.
Can you concealed carry while shotgun/rifle hunting in Montana? 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]
