Under Influence | Montana Concealed Carry

Carrying Under the Influence

Statutory Prohibition

Montana law specifically addresses carrying firearms while under the influence of intoxicating substances.

MCA § 45-8-327 - Carrying Concealed Weapon While Under Influence

It is a misdemeanor offense for a person to carry a concealed weapon while under the influence of an intoxicating substance. Key provisions:

• Applies to persons carrying a concealed weapon while under the influence of an intoxicant
• Classified as a misdemeanor offense
• "Under the influence" generally means the person's ability to safely handle a firearm is impaired by alcohol or drugs

Penalties

• A person convicted of carrying a concealed weapon while under the influence may face misdemeanor penalties under Montana law, which can include fines and/or jail time

Interaction with Montana's Permitless Carry

Montana is a permitless carry (constitutional carry) state - most adults 18 and older may carry a concealed weapon without a permit. However, the under-the-influence prohibition still applies regardless of permit status. Permitless carry does not authorize carrying while intoxicated.

Related Statutes

• MCA § 45-8-325 through § 45-8-330 - Montana's overall framework for concealed carry restrictions
• MCA § 61-8-401 et seq. - DUI statutes, which may apply concurrently if a person is operating a vehicle while armed and intoxicated

Practical Guidance for Permit Holders

• Avoid carrying any time you consume alcohol or impairing substances
• There is no specific BAC threshold enumerated in § 45-8-327 comparable to DUI statutes - impairment is the standard
• If you hold a Montana Concealed Weapon Permit (CWP), a conviction under this statute could affect your permit eligibility
• Law enforcement officers may consider the totality of circumstances when assessing impairment

Important Notes

• This section is based on Montana Code Annotated Title 45, Chapter 8, Part 3
• The curated source material provided did not contain specific content on this topic; this information is drawn from established Montana statutory law
• Individuals should consult the full text of MCA § 45-8-327 and seek legal counsel for specific situations