Where You Cannot Carry in Montana: Prohibited Places

Prohibited Places - Montana Concealed Carry

Montana is a constitutional carry state (HB 102, effective February 18, 2021), meaning most adults 18+ may carry a concealed handgun without a permit in most locations. However, certain locations remain off-limits or restricted under state and federal law.

State-Level Prohibitions

Montana Code Annotated (MCA) § 45-8-328 - Carrying Concealed Weapons in Prohibited Places

Following HB 102 (2021), Montana significantly reduced the list of state-level prohibited places. Key restrictions include:

• Private property where the owner or possessor has prohibited firearms - Property owners retain the right to prohibit concealed weapons on their premises. Violating a posted or communicated prohibition may result in a trespassing charge.
• Secure areas of detention facilities, jails, and prisons
• Courtrooms or areas of buildings in use by a court - Judges may restrict firearms in courtroom settings (MCA § 45-8-328)

Changes Under HB 102 (2021)

HB 102 made several notable changes:

• Removed university/college campus restrictions - Concealed carry is now permitted on Montana University System campuses, reversing the previous Board of Regents prohibition
• Government buildings - State and local government buildings generally cannot prohibit concealed carry unless security screening (metal detectors and armed security) is provided at all public entrances
• Banks and financial institutions - No longer specifically prohibited under state law

Federal Prohibitions (Apply in Montana)

Federal law supersedes state law in these locations regardless of Montana's permissive carry laws:

• Federal buildings and property (18 U.S.C. § 930) - Post offices, federal courthouses, Social Security offices, VA facilities, IRS offices, etc.
• Secure areas of airports - Beyond TSA security checkpoints (49 U.S.C. § 46505)
• Military installations - Subject to installation commander's policy
• Indian reservations - Subject to tribal law, which varies by reservation. Montana has several reservations (Flathead, Blackfeet, Crow, Fort Peck, Fort Belknap, Northern Cheyenne, Rocky Boy's), each with independent firearms regulations
• Army Corps of Engineers properties - Including facilities around federal dams and reservoirs
• National parks - Firearms generally permitted under federal law since 2010, but prohibited inside federal buildings within parks (visitor centers, ranger stations)

Schools (K-12)

• Federal Gun-Free School Zones Act (18 U.S.C. § 922(q)) - Prohibits firearms within 1,000 feet of school grounds. However, Montana concealed weapon permit (CWP) holders are exempt from this federal restriction.
• Montana state law - HB 102 allows school boards to set their own firearms policies. Individual school districts may still prohibit firearms on school property. Check with the specific district.

Important Notes for Permit Holders

1. Permit still has value - While constitutional carry is the law, a Montana CWP provides benefits including reciprocity with other states and the federal school zone exemption.
2. Posted signage - Montana does not have a specific criminal statute for ignoring "no guns" signs on private property, but a carrier who refuses to leave after being asked can be charged with trespassing (MCA § 45-6-203).
3. Local preemption - MCA § 45-8-351 broadly preempts local governments from regulating the carrying of concealed weapons, though municipalities retain limited authority over discharge of firearms.

Penalties

• Carrying a concealed weapon in a prohibited place is a misdemeanor, punishable by a fine of up to $500 and/or up to 6 months in county jail (MCA § 45-8-328).
• Federal violations carry separate and typically more severe penalties.

Note: This information is based on Montana state statutes and HB 102. Concealed carry laws are subject to legislative changes. Always verify current law before relying on this summary.