State Gun Laws for Montana
Montana State Gun And Self-Defense Laws: YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. *Always Consult An Attorney.
home, workplace, occupied vehicle.
How to obtain a Concealed Carry Permit in Montana
Montana law allows people to carry concealed weapons if he or she has a valid Montana or out-of-state permit to do so. County sheriffs can provide information on where concealed weapons are prohibited in their counties.
"No county, city, town, consolidated local government, or other local government unit may 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."
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. It is unlawful to carry or bear a concealed handgun without a permit to carry.
Applications are available from the local county Sheriff’s office. The following link provides a sample application so people can review what is required and gather the necessary documentation prior to going to their sheriff’s office. The form is clearly marked as a “sample only” and cannot be used in place of the application provided by the local Sheriff’s office. CLICK HERE:
Florida recognizes a Montana permit if the permit-holder is 21 years old or older. Also, non-residents must meet the following criteria to carry a concealed weapon in Montana: the state that issued their permit must require a criminal records background check before issuing a permit; the permit must be in the holder’s possession, and the permit holder must have photo identification: CLICK HERE
Montana Sate Gun Laws Vary From All Other States
State gun laws vary significantly from in Montana to all other states. The laws identify different gun related laws including the possession, the use, and the sale of firearms and ammunition, and in some states it even regulates accessories that can be used on the gun including the capacity of magazine sizes for both semi-automatic rifles, shotguns, and handguns. Also, many states even including Montana have regulations regarding the number of rounds that can be in a shotgun tube or magazine. (For Hunting) There are even specific gun laws unique to the District of Columbia and for US held territories.
Many state gun laws are even more restrictive than federal laws in both their content, their form, and the restriction of what types of weapons and ammunition can be sold within the state and the manner in which they can be possessed by state or territorial residents. It is vital that all residents of Montana know ALL of the State Gun Laws!
As of 2019 there are 44 states that have some special provisions in their state constitutions that are very similar in language used in the second amendment of the United States Constitution, specifically language which protects the citizens of the State the rights to keep and bear arms.
In Montana As In All States You Must Know The Gun Laws
The states which are well known to be anti-gun, and seem to have obvious political leanings against the Second Amendment are New York, California, New Jersey, Iowa, Minnesota and Maryland. Luckily, in the US supreme court decision of McDonald vs. Chicago; That the protections of the Second Amendment to keep and bear arms for self defense in one’s home apply against state governments and their politically motivated provisions, thereby preventing a state from abolishing completely any second amendment protections afforded by the US Constitution.
Typically, and in many cases State Gun Laws (Firearms) of Montana are usually less restrictive than federal laws yet is not always the case, and one must be aware of these restrictions anytime they are purchasing or carrying a firearm in Montana especially while using a concealed carry permit and traveling between states. There are many states that have reciprocity agreements and Montana may be one of them, the recipocity are very specific on what states your particular permit will be accepted and recognized.
If You Travel From Montana With A Gun Know The Recipocity Laws!
Keep in mind that although your Montana permit may have a reciprocity agreement with a state you plan to visit the visiting state may have individual gun restrictions preventing your particular firearm or type of ammunition from being in their state, it is always wise to do your homework before traveling, keep in mind that a reciprocity CCW permit is not a blanket approval.
Remember this does not automatically include any de jure immunity against prosecution for violating any Montana state gun laws or possible violations of any federal gun laws!
It should be noted that Montana state and local police departments are generally not legally required or obligated to enforce federal gun laws as per the US Supreme Court ruling in Printz vs. The United States.