Eleanor Finch
In February 2021, Montana became a constitutional carry state, allowing gun owners to carry a concealed firearm for self-defense without a permit. Governor Greg Gianforte signed House Bill 102 into law, stating that it protects Montanans' Second Amendment rights and promotes public safety. Montana's constitutional carry law means that anyone who can legally possess a firearm can carry one in public without a background check. However, Montana also offers an enhanced concealed carry license, which allows residents to carry concealed weapons in states with stronger requirements that offer reciprocity.
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What You'll Learn
Montana gun laws
Montana has some of the most permissive gun laws in the United States. In February 2021, Governor Greg Gianforte signed House Bill 102 into law, allowing gun owners to carry a concealed firearm without a permit. This law, known as the "Constitutional Carry Bill," was celebrated by gun rights advocates as a victory for the Second Amendment. As of 2023, Montana also offers an enhanced concealed carry license, which allows residents to carry concealed weapons in other states with stronger requirements.
Montana law allows any person to carry a concealed weapon without a permit, as long as they are eligible to possess a firearm under state and federal law. However, a permit is required to carry a concealed weapon in a state government office or state building. The county sheriff may deny a permit if they have reasonable cause to believe that the applicant's mental state poses a threat to the community. Additionally, it is illegal to carry a concealed weapon into a courtroom, a school, or a federal building.
Montana has a number of other gun laws and regulations. For example, gun owners must notify law enforcement if their guns are lost or stolen, and certain gun buyers are required to take a training course before their purchase. Montana also bars gun purchases by people with violent misdemeanor convictions and domestic abusers. The state also requires that firearms be stored locked, unloaded, and separate from ammunition in certain circumstances.
Montana has state preemption of most firearms laws, meaning that local units of government may not prohibit, register, tax, license, or regulate the purchase, sale, or transfer of firearms. However, local governments may restrict the firing of guns and the open or unpermitted carrying of firearms in public buildings.
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Montana constitutional carry bill
On February 18, 2021, Montana Governor Greg Gianforte signed HB 102 into law, making the state the 18th to allow the permitless carry of a firearm for anyone 18 and older. The bill was sponsored by Representative Seth Berglee and supported by Senator Theresa Manzella.
The bill allows residents and non-residents 18 or older to carry a concealed firearm throughout the state without a permit. However, a permit is required to carry a concealed firearm in state and local government buildings. The bill also removed many of Montana's "gun-free" zones, which previously prohibited carrying a firearm in select locations throughout the state.
Before the bill was signed into law, permitless concealed carry was allowed only if a person was outside the official boundaries of a city or town or in areas such as logging, lumbering, mining, or railroad camps, or if they were lawfully engaged in certain outdoor activities such as hunting, fishing, trapping, hiking, or camping.
Supporters of the bill argue that it protects Montanans' Second Amendment rights and promotes public safety by allowing law-abiding citizens to defend themselves and their families. They also argue that it removes bureaucratic hurdles and government approval processes that were previously required to exercise the right to self-defense.
Opponents of the bill, including gun control advocates, argue that it undermines public safety and makes it easier for dangerous individuals to carry firearms in public spaces. They also argue that removing "gun-free" zones in sensitive areas, such as college campuses, puts students and staff at risk.
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Governor Gianforte
On February 18, 2021, Governor Greg Gianforte signed a constitutional carry bill into law, making Montana the 18th state in the US to recognise constitutional carry. The bill, HB102, is the largest, most comprehensive reform of Montana gun laws in the history of the state. It allows Montanans to carry concealed firearms without a permit by default almost anywhere in the state, including in banks and bars. It also limits university system officials' ability to restrict firearm possession on college campuses.
Gianforte's decision to sign the constitutional carry bill into law was praised by gun rights groups and conservative organizations, including the National Rifle Association (NRA) and Gun Owners of America. They thanked the governor for making self-defense legislation a priority and for expanding the rights of law-abiding Montana residents. However, the bill was opposed by nearly all Democrats in the Montana House and Senate, and it has also faced criticism from higher education officials, who have expressed concerns about the potential impact on gun suicides and accidental shootings on college campuses.
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Concealed carry of firearms
Montana is a "shall-issue" state, meaning that it requires a permit for the concealed carry of firearms. However, since February 2021, Montana no longer requires a permit to carry a concealed weapon in public. Now, anyone who can legally possess a firearm can carry one in public without a background check. The state still issues concealed carry licenses for people who want them for reciprocity or background check reasons. Montana was the 18th state to implement such legislation, and it is now ranked as the fourth most gun-friendly state in the nation.
Montana law allows any person to conceal carry a weapon without a permit, as long as they are eligible to possess a firearm under state or federal law. However, there are some exceptions to this. It is illegal to carry a concealed weapon into a courtroom or space controlled by a Montana court, unless otherwise ordered by a judge. It is also illegal to carry a concealed weapon into a public school, unless otherwise ordered by the school board, or into a federal office or building. Montana has no prohibitions about carrying a weapon in a motor vehicle.
Montana issues concealed weapon permits, which can be applied for and obtained from the local county sheriff's office. The fee for issuance of a permit is $50, plus an additional $5 for fingerprinting. The sheriff may deny a permit if they have reasonable cause to believe that the applicant's mental state poses a threat to the community. However, a person who has been denied a permit for any reason other than a conviction for specific crimes is entitled to a permit if otherwise eligible, provided they have had their rights restored under the Montana Constitution.
Montana also offers an enhanced concealed carry license, which allows residents to carry concealed weapons in other states with stronger requirements. Applicants for an enhanced permit must be at least 21 years old, submit fingerprints and proof of firearm safety training, be a US citizen or lawful resident, and have resided in the state for at least six months. Enhanced permits are valid for five years.
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Montana's gun-friendly status
Montana is ranked the fourth most gun-friendly state in the nation, according to a 2024 ranking by Ammo.com. The state has a rich history of gun ownership and is home to over 150 firearms and ammunition businesses, the highest per capita in the country. In February 2021, Governor Greg Gianforte signed the Constitutional Carry Bill into law, making Montana the 18th state to recognise constitutional carry. This law allows law-abiding Montana gun owners to carry a concealed firearm for self-defence without written authorisation from the government.
Montana law permits any person to carry a concealed weapon without a permit, provided they are eligible to possess a firearm under state or federal law. The state still issues concealed carry licenses for people who want them for reciprocity or background check reasons. To obtain a Montana concealed weapon permit, an individual must be a US citizen or permanent legal resident and have resided in the state for at least six months. The permit costs $50, with an additional $5 fingerprinting charge. The sheriff may deny a permit if they have reasonable cause to believe that the applicant's mental state poses a threat to the community.
Montana has no prohibitions about carrying a weapon in a motor vehicle. Additionally, qualified law enforcement officers with proper identification can carry a concealed weapon, exempt from state laws. The state also offers an enhanced concealed carry license, which allows residents to carry concealed weapons in other states with stronger requirements. This enhanced permit requires the applicant to be at least 21 years old, submit fingerprints, undergo firearm safety training, and meet other requirements.
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Frequently asked questions
Yes, Montana is a constitutional carry state. In February 2021, Governor Greg Gianforte signed House Bill 102 into law, allowing Montana residents to carry a concealed firearm for self-defense without written authorization from the government.
To obtain a Montana concealed weapon permit, a person must be a US citizen or permanent legal resident, have been a Montana resident for at least six months, and not be prohibited from gun possession under Montana or federal law.
Yes, Montana law allows any person to carry a concealed weapon in a state government office or state building, but only if they have a valid Montana concealed weapon permit.
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