Montana Gun Laws
Subject/LawLong gunsHandgunsRelevant statutesNotes
State permit required to purchase?NoNo
Firearm registration?NoNo
Assault weapon law?NoNo
Magazine Capacity Restriction?NoNo
Owner license required?NoNo
Permit required for concealed carry?N/AYesMontana 45-8-321Montana is a “shall issue” state for citizens and permanent lawful residents who are 18 years old. The law was challenged for previously denying non-citizens permits.[96] The lawsuit was put on hold to give the legislature to opportunity to pass a bill to include permanent lawful residents. Such bill was signed by the governor on April 7, 2017.[97]Concealed carry without a permit is generally allowed outside city, town, or logging camp limits.
Permit required for open carry?NoNoMay carry openly without permit/license.
State Preemption of local restrictions?YesYesM.C.A 45-8-351Complete state preemption of firearms laws except localities may regulate firearm discharge, the open or concealed carry of firearms to a public assembly, a publicly owned building, a park under its jurisdiction or a school. Localities may also regulate the possession of firearms by felons, minors, illegal aliens, or the mentally incompetent.A proposed change to the law would limit localities to regulate only open carry and unpermitted concealed carry in publicly owned and occupied buildings only; it was passed by the legislature but will go into effect on January 1, 2021 if approved by the electorate in November 2020.[98]
NFA weapons restricted?NoNoPermitted as long such possession is in compliance with all federal regulations.
Peaceable Journey laws?YesYes
Background checks required for private sales?NoNoMissoula enacted a universal background check ordinance in 2016, however Attorney General Tim Fox has opined that the ordinance is unlawful.[99] In October 2018, a state judge ruled that the ordinance was lawful[100] but the ordinance was struck down unanimously by the Montana Supreme Court on October 22, 2019.[101]

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