Constitutional Carry in Montana: What the Law Allows

Constitutional Carry in Montana

Overview

Montana is a Constitutional Carry state. Governor Greg Gianforte signed House Bill 102 into law on February 19, 2021, making Montana the 18th state to adopt permitless carry legislation. The law allows law-abiding Montana gun owners to carry a concealed firearm for self-defense throughout the state without a government-issued permit.

Key Legislation

• Bill: House Bill 102 (HB 102)
• Signed: February 19, 2021
• Sponsor: Representative Seth Berglee (R-Joliet)
• Senate Sponsor: Senator Theresa Manzella (R-Hamilton)
• Effective Date: Upon signing (February 19, 2021)

What HB 102 Changed

• Eliminated the permit requirement for concealed carry statewide for law-abiding residents. Prior to HB 102, Montana allowed permitless concealed carry only outside city limits; a concealed weapons permit (CWP) was required within city limits.
• Unified concealed carry laws into a single statewide standard, removing the previous patchwork of rules that differed between incorporated cities and unincorporated areas.
• Aligned concealed carry with open carry - concealed carry without a permit is now allowed in the same locations where open carry was already permitted.

Eligibility

Constitutional carry in Montana applies to law-abiding individuals. While the press announcement does not enumerate every eligibility criterion, Montana law generally requires that a person:

• Be legally allowed to possess a firearm under both federal and state law
• Not be a prohibited person (e.g., convicted felon, subject to certain court orders)

Montana Concealed Weapons Permit (CWP)

Although a permit is no longer required to carry concealed in Montana, the state continues to issue concealed weapons permits. Reasons to obtain a CWP include:

• Reciprocity - A Montana CWP may be recognized by other states that do not honor permitless carry from non-residents
• Federal considerations - Certain federal regulations may treat permit holders differently

Historical Context

Prior to HB 102, Montana had a partial permitless carry system:

• Outside city limits: No permit was required for concealed carry
• Inside city limits: A Montana CWP was required

Previous attempts to expand permitless carry statewide were vetoed by former Governor Steve Bullock. HB 102 succeeded under Governor Gianforte's administration.

Statute Reference

• House Bill 102 (2021 Montana Legislature) - Amends Montana's concealed carry statutes to remove the permit requirement statewide
• Montana Code Annotated (MCA) Title 45, Chapter 8 - Montana weapons laws (constitutional carry provisions codified here)

Important Notes

• Constitutional carry does not override federal law regarding firearms in federal buildings, post offices, and other federally restricted areas.
• Specific prohibited locations under Montana state law still apply.
• Visitors from other states should verify whether Montana's constitutional carry provisions extend to non-residents, as eligibility details may differ.