Preemption | Montana Concealed Carry

State Preemption

Montana has a strong state preemption statute that broadly restricts local governments from enacting firearms regulations that exceed or differ from state law.

Key Statute: MCA § 45-8-351

"Restriction on Local Government Regulation of Firearms"

Montana law prohibits counties, cities, towns, and other local government entities from enacting ordinances that regulate the:

• Purchase, sale, or transfer of firearms
• Ownership or possession of firearms
• Transportation of firearms
• Carrying (open or concealed) of firearms

Local governments may not impose licensing, registration, or permit requirements beyond those established by state law.

Scope of Preemption

• Broad preemption: The state Legislature has declared that the regulation of firearms is a matter of statewide concern, and local regulation is preempted by state law.
• Concealed carry: Local jurisdictions cannot impose additional restrictions on concealed carry beyond what state law provides. Montana adopted permitless (constitutional) carry statewide, and local governments cannot override this.
• HB 102 (2021): Significantly expanded preemption by removing the ability of local governments and universities to restrict concealed carry in public buildings and on university campuses, with limited exceptions.

Limited Exceptions

Local governments may still regulate firearms in certain narrowly defined circumstances:

• Government buildings with restricted access - Buildings where security screening is in place and firearms are prohibited may still restrict carry (e.g., courthouses with metal detectors)
• Jails and detention facilities
• School buildings (K-12) - Per MCA § 45-8-361, restrictions may apply in school buildings, though the specifics have been subject to legislative updates

Enforcement

Any local ordinance that conflicts with state firearms law is considered void and unenforceable. Individuals affected by a local ordinance that violates the preemption statute may have legal grounds to challenge the ordinance.

Practical Effect for Permit Holders

• A Montana concealed weapons permit (or permitless carry right) is valid uniformly throughout the state
• No city or county in Montana can impose additional carry restrictions, waiting periods, or registration requirements
• Permit holders do not need to research local ordinances when traveling within Montana - state law governs uniformly

Recent Legislative Context

Montana has consistently strengthened its preemption provisions in recent legislative sessions. HB 102 (signed into law in 2021) was a landmark expansion that extended preemption to university system properties and further limited the ability of local entities to create gun-free zones in publicly accessible government buildings.

Note: Always verify current statute text at leg.mt.gov as legislative changes may have occurred after this content was prepared.