Montana Open Carry Laws

Open Carry Laws

Montana is an open carry state. No permit is required to openly carry a firearm, provided the individual is legally eligible to possess a firearm under state and federal law.

Key Provisions

• No permit required: Montana does not require a permit to openly carry a firearm. Any person who is legally eligible to possess a firearm under state or federal law may open carry.
• Vehicle carry: Montana has no prohibitions about carrying a weapon (openly or concealed) in a motor vehicle (Montana Department of Justice, Concealed Weapons guidance).
• Local government regulation: Montana law allows local governments to regulate the carrying of both concealed and unconcealed (open carry) weapons in certain areas. Carriers should check local regulations. County sheriffs can provide information on where weapons are prohibited in their counties.

Restricted Locations

The following restrictions apply to carrying firearms generally (both open and concealed):

• Courtrooms: It is illegal to carry a weapon into a courtroom or space controlled by a Montana court, unless otherwise ordered by the presiding judge.
• Public schools: It is illegal to carry a weapon into a Montana public school, unless otherwise ordered by the school board.
• Federal buildings: It is illegal to carry a weapon into a federal office or building.
• State government buildings: Carrying in state government offices or buildings is permitted only with a valid Montana concealed weapon permit (this restriction applies to concealed carry; open carry in government buildings may be subject to additional local regulations).

Age Requirement

• Montana law requires a person to be at least 18 years old to obtain a concealed weapon permit. Open carry by persons under 18 is governed by federal law (18 U.S.C. § 922(x)), which generally prohibits handgun possession by those under 18 with limited exceptions.

Relevant Statutes

• Montana Code Annotated § 45-8-316 - Definitions related to concealed weapons
• Montana Code Annotated § 45-8-317 - Carrying concealed weapons (permitless carry provision)
• Montana Code Annotated § 45-8-322 - Concealed weapon permit application
• Montana Code Annotated § 45-8-351 - Local government authority to regulate firearms in certain areas

Important Notes

• While Montana is permissive on open carry at the state level, local jurisdictions may impose additional restrictions. Always verify local ordinances before openly carrying in a municipality or county.
• Montana's permitless carry law (effective since 2021) eliminated the requirement for a concealed weapon permit statewide, making open carry even less restricted by comparison.
• Private property owners and businesses may prohibit firearms on their premises regardless of state law.