Red Flag | Montana Concealed Carry

Red Flag Laws

Montana does not have a Red Flag Law (Extreme Risk Protection Order/ERPO law).

As of 2026, Montana has not enacted any form of red flag legislation that would allow courts to temporarily remove firearms from individuals deemed to pose a risk to themselves or others. There is no statutory framework in the Montana Code Annotated (MCA) for Extreme Risk Protection Orders.

Legislative Context

Montana's legislative and executive leadership has consistently taken a strong pro-Second Amendment stance, making the passage of red flag legislation unlikely in the current political environment:

• Constitutional Carry (HB 102): Signed into law by Governor Greg Gianforte on February 19, 2021, HB 102 allows law-abiding Montana gun owners to carry a concealed firearm throughout the state without a permit. Montana became the 18th state to enact constitutional carry.
• Attorney General Opposition to Firearms Restrictions: Montana Attorney General Austin Knudsen has led multi-state coalitions opposing firearms restrictions in other states, including challenges to California's magazine capacity ban and Hawaii's "sensitive places" carry ban, citing Second Amendment protections under Heller, McDonald, and Bruen.

Suicide Prevention & Firearms Safety

While Montana has no red flag law, the state does maintain suicide prevention resources through the Department of Public Health and Human Services (DPHHS), including:

• Montana Crisis Lifeline: Call, text, or chat 988 (24/7)
• Means Reduction Resources: DPHHS links to Harvard T.H. Chan School of Public Health's "Means Matter" campaign, which addresses voluntary firearms safety measures during mental health crises
• DPHHS Suicide Prevention Firearms Video: Public health messaging on voluntary safe storage practices

Montana consistently ranks among the highest states for suicide rates, and the DPHHS promotes voluntary approaches to firearms safety rather than court-ordered removal mechanisms.

What This Means for Concealed Carry Permit Holders

• No Montana court can issue an order to temporarily confiscate your firearms based on a red flag petition
• No family member, law enforcement officer, or other party can petition a court for an Extreme Risk Protection Order under Montana state law
• Standard prohibitions on firearm possession still apply (e.g., felony convictions, domestic violence protective orders under federal law, persons adjudicated as mentally ill under MCA 45-8-321)
• Voluntary crisis resources are available through the 988 Suicide and Crisis Lifeline

Relevant Statutes

• MCA 45-8-316 - Carrying concealed weapons
• MCA 45-8-321 - Permit to carry concealed weapon (includes disqualifying conditions)
• MCA 45-8-323 - Denial of renewal / revocation of permit
• HB 102 (2021) - Constitutional carry law

Note: While no red flag bills have advanced in the Montana Legislature, permit holders should monitor future legislative sessions for any proposed changes. Federal red flag proposals, if enacted, could potentially apply regardless of state law.