Nfa Items | Montana Concealed Carry

NFA Items in Montana

Montana law is generally permissive regarding items regulated under the National Firearms Act (NFA), 26 U.S.C. § 5801 et seq.

Permitted NFA Items

Montana permits civilian ownership of the following NFA items, provided all federal requirements are met:

• Suppressors (Silencers) - Legal to own and use. Montana enacted legislation (SB 99, 2015) affirmatively legalizing suppressor ownership and use, including for hunting.
• Short-Barreled Rifles (SBRs) - Legal with approved ATF Form 4 or Form 1.
• Short-Barreled Shotguns (SBSs) - Legal with proper federal registration.
• Machine Guns - Legal if registered in compliance with federal law (pre-May 1986 transferable or as an SOT).
• Any Other Weapons (AOWs) - Legal with federal registration.
• Destructive Devices - Legal with federal registration.

Key Statutes

• MCA § 45-8-340 - Addresses suppressor regulation at the state level; establishes that suppressors manufactured and retained in Montana are exempt from certain federal requirements under the Montana Firearms Freedom Act (though federal courts have not upheld this exemption).
• MCA 30-20-104 (Montana Firearms Freedom Act) - Enacted in 2009, this provision states that a personal firearm, firearm accessory, or ammunition manufactured commercially or privately in Montana and retained within Montana borders is not subject to federal regulation under the Commerce Clause. Note: The Ninth Circuit Court of Appeals ruled in Montana Shooting Sports Ass'n v. Holder (2013) that federal NFA requirements still apply notwithstanding this state declaration.
• MCA § 45-8-316 to 45-8-318 - General weapons statutes; no state-level prohibition on NFA items beyond federal law.

Federal Requirements Still Apply

Despite Montana's permissive state laws, all NFA items require:

1. ATF Form 4 (transfer) or Form 1 (manufacture) approval
2. $200 tax stamp ($5 for AOWs on transfer)
3. Registration in the National Firearms Registration and Transfer Record
4. Background check through the NFA Branch

Concealed Carry of NFA Items

Montana is a permitless carry state (constitutional carry enacted 2021, HB 102). There is no state prohibition on carrying NFA items concealed, provided they are lawfully possessed under federal law. However, carrying machine guns or destructive devices may attract additional scrutiny and local ordinances should be consulted.

Important Notes

• Montana does not require a state permit or registration for NFA items beyond federal requirements.
• There is no state waiting period for NFA items beyond the federal processing time.
• Montana law does not impose additional restrictions on NFA item transfers between residents.
• The Montana Firearms Freedom Act's attempted federal exemption has not been upheld by federal courts - compliance with all ATF/NFA requirements remains mandatory.