State Gun Laws

Montana state laws do not have many restrictions on possessing a firearm other than those related to crimes and protection orders. However, there are additional restrictions when it comes to getting a permit to carry a concealed weapon that do not involve a conviction or a protection order. 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: 
  • be a fugitive from justice, meaning s/he fled any state to avoid being prosecuted or to avoid testifying in any criminal proceeding;
  • be an unlawful user of or addicted to drugs (controlled substances) - but this does not include alcohol or tobacco;
  • have been declared by a judge to be mentally incompetent or committed to a mental institution against his/her will;
  • have been found not guilty by reason of insanity or have undergone some other court proceeding about his/her mental illness;
  • be an immigrant who is illegally or unlawfully present in the U.S.; or
  • have given up (renounced) her/his citizenship to the U.S.;¹
• not have been charged and awaiting judgment in any state of crime that is punishable by incarceration for one year or more;
• 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.²

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.³ 

For additional information on gun laws in Montana, you can go to the Giffords Law Center website.

¹ Mont. Code § 45-8-321(1); 18 USC § 922(g)(2)-(g)(7)
² Mont. Code § 45-8-321(1), (1)(a), (1)(b), (1)(e)-(1)(h)
³ Mont. Code § 45-8-321(2)