Montana Concealed Carry Laws

Constitutional Carry (Permitless Carry)

Montana is a constitutional carry state. Governor Gianforte signed HB 102 into law, and voters approved LR-130 (referred via HB 357) at the 2020 General Election, further revising concealed carry laws.

Montana law allows any person to conceal carry a weapon without a concealed weapon permit, so long as that person is eligible to possess a firearm under state or federal law. No permit is required for lawful concealed carry in most locations throughout the state.

Reference: MCA § 45-8-316; HB 102; LR-130 (HB 357)

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Concealed Weapon Permits

Although permitless carry is legal, Montana continues to issue concealed weapon permits (CWP) through county sheriffs. A permit is still valuable for:

• Carrying in state government offices or buildings - only CWP holders may carry concealed in these locations
• Reciprocity - many other states only honor Montana carry rights if the carrier holds a valid permit
• Enhanced permits - available in some counties for additional reciprocity benefits

Eligibility Requirements

To obtain a Montana concealed weapon permit, a person must:

1. Have been a Montana resident for at least six (6) months
2. Be a U.S. citizen or permanent lawful resident of the United States
3. Be at least eighteen (18) years old
4. Have no disqualifying criminal record
5. Possess a Montana Driver's License or State ID
6. Provide written documentation of firearms training (examples: DD-214, Hunter Safety Course, or Handgun Safety Course)

Reference: MCA § 45-8-321; MCA § 45-8-322 (statutory application form)

Application Process

• Applications are obtained from and submitted to the local county sheriff's office in the applicant's county of permanent residence
• The application must be signed in the presence of a sheriff's office employee
• A full criminal history background check is conducted, which may take approximately five (5) days to complete
• Processing time is typically two to three weeks

Fees

• All fees are nonrefundable (refunded only if application is denied)
• Applicants are responsible for the cost of any required firearms training course
• If a permit has been expired for more than 6 months (or 30 days in some counties), it is treated as a new application with full fees

Permit Duration

• Valid for four (4) years
• Can be revoked at any time
• Effective in all areas of the state

Reference: MCA § 45-8-321; MCA § 45-8-323 (denial/revocation); MCA § 45-8-324 (appeal)

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Prohibited Locations

Concealed carry - even with a valid permit - is prohibited in the following locations:

Additional restrictions:

• State government offices and buildings - concealed carry is permitted only with a valid Montana CWP
• Local governments may regulate carrying of both concealed and unconcealed weapons in certain areas, including public meetings, public parks, and public buildings - check local regulations
• County sheriffs can provide information on where concealed weapons are prohibited in their counties

Reference: MCA § 45-8-328 (prohibited places and penalties)

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Vehicle Carry

Montana has no prohibitions against carrying a weapon in a motor vehicle. No permit is required to carry concealed in a vehicle. Federal rules still apply in national parks.

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Carrying While Intoxicated

It is illegal to carry a concealed weapon while under the influence of alcohol or drugs.

Reference: MCA § 45-8-327

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Reciprocity

States Recognized by Montana

Montana recognizes concealed weapon permits from the following states (the issuing state must require a criminal records background check):

States NOT Recognized

Permits from the following jurisdictions are not recognized because their laws do not expressly require background checks of permit applicants:

• Delaware
• District of Columbia
• Hawaii
• Maine
• New Hampshire
• Rhode Island

Non-Resident Carry Requirements

Non-residents may carry concealed in Montana if:

1. The issuing state requires a criminal records background check for permit issuance
2. The permit is in the holder's physical possession
3. The permit holder has photo identification

Reference: MCA § 45-8-329 (out-of-state permit recognition)

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Law Enforcement Exemptions

Federal legislation (Law Enforcement Officers Safety Act, signed July 2004) exempts qualified active and retired law enforcement officers from state concealed weapon statutes nationwide.

Active Officers

Must be a current government employee authorized to engage in law enforcement with statutory powers of arrest, and must:

• Be authorized by the agency to carry a firearm
• Meet agency qualification standards
• Be in good standing
• Not be under the influence of alcohol or drugs
• Not be prohibited by federal law from carrying a firearm

In Montana, an officer's P.O.S.T. certification fulfills the requirements.

Retired Officers

Must have:

• Served at least 15 years as a law enforcement officer
• Retired in good standing with a nonforfeitable right to retirement benefits
• Met active-officer firearms qualification standards within the most recent 12 months (at own expense)
• Not be under the influence of alcohol or drugs
• Not be prohibited by federal law from carrying a firearm

Note: A Montana CWP alone does not satisfy the federal firearms qualification requirements for retired officers.

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Key Statutes

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Recent Legislative Activity

• HB 102 (2021) - Constitutional carry bill signed by Governor Gianforte, establishing permitless concealed carry statewide for persons legally eligible to possess firearms
• LR-130 / HB 357 (2020) - Legislative referendum approved by voters at the 2020 General Election, revising concealed carry laws
• Attorney General Knudsen has led multi-state coalitions challenging firearm carry restrictions in other states, including opposing waiting period laws and Hawaii's carry ban

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This information is compiled from the Montana Department of Justice, Montana Highway Patrol, county sheriff offices, and the Montana Secretary of State. For the most current information, consult the Montana Code Annotated and your local county sheriff's office.

Sources: Montana Department of Justice (dojmt.gov), MCA Title 45 Chapter 8 Part 3, Montana Highway Patrol FAQ, multiple county sheriff offices (Dawson, Jefferson, Cascade, Yellowstone, Lewis & Clark, Powell, Stillwater counties), Montana Secretary of State (sosmt.gov), Montana Governor's Office (news.mt.gov)