State Gun Laws

In Montana, a person cannot have a firearm if s/he has been convicted of:

• a felony for which s/he received an additional sentence for use of a dangerous weapon or a similar law in another state; or
• a felony for which the person is currently required to register for the sexual or violent offender registry.¹

In addition, if someone is convicted of partner or family member assault, the judge could prohibit the defendant from having or using the specific firearm used in the assault.²

There are additional restrictions when it comes to getting a permit to carry a concealed weapon.  The applicant must:

• be 18 or older;
• be a United States citizen or permanent lawful resident;
• have a valid Montana driver’s license or other form of photo identification issued by the state;
• be a resident of the state for at least six months; 
• not be ineligible under Montana law to own, possess, or receive a firearm;
• not be ineligible under federal law to own, possess, or receive a firearm, which means the applicant cannot:
  • have a final protection order issued against him/her that meets federal requirements; 
  • be convicted of a felony, or a domestic violence misdemeanor; or
  • be disqualified under any other reason that federal laws prohibit firearm possession;
• not have been charged and awaiting judgment in any state of a crime that is punishable by incarceration for one year or more;
• not have been convicted in any state or federal court of:
  • a crime punishable by more than one year of incarceration; or
  • a crime that includes as an element of the crime an act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or sexual intercourse or contact without consent regardless of the sentence that may be imposed;
• not have been convicted of carrying a concealed weapon while under the influence or carrying a concealed weapon in a prohibited place, unless five years have passed since the date of the conviction;
• not have a warrant out for his/her arrest;
• not have been adjudicated in a criminal or civil proceeding in any state or federal court to be an unlawful user of an intoxicating substance and not be under a court order of imprisonment or other incarceration, probation, suspended or deferred imposition of sentence, treatment or education, or other conditions of release or be otherwise under state supervision;
• not have been adjudicated in a criminal or civil proceeding in any state or federal court to be mentally ill, mentally disordered, or mentally disabled and still be subject to a disposition order of that court; and
• not have been dishonorably discharged from the United States armed forces.³

In addition, the sheriff can deny an applicant a permit to carry a concealed weapon if the sheriff has reasonable cause to believe that the applicant is mentally ill, mentally disordered, or mentally disabled or otherwise may be a threat to the peace and good order of the community to the extent that the applicant should not be allowed to carry a concealed weapon.⁴ 

¹ Mont. Code § 45-8-313(1)
² Mont. Code § 45-5-206(7)
³ Mont. Code § 45-8-321(1)
⁴ Mont. Code § 45-8-321(2)