Self-Defense Laws in Montana

Montana has a stand-your-ground rule. Except as provided in § 45-3-105, a person who is lawfully in a place and is threatened with bodily injury or loss of life 'has no duty to retreat from a threat or summon law enforcement assistance prior to using force' (§ 45-3-110). The justification is not available to a person who is attempting, committing or fleeing after a forcible felony, or who purposely or knowingly provokes the use of force against himself or herself, unless the force is so great that the person reasonably believes he or she is in imminent danger of death or serious bodily harm and 'has exhausted every reasonable means to escape the danger,' or the person withdraws in good faith and clearly indicates the desire to end the use of force (§ 45-3-105).

Defense of an occupied structure: force likely to cause death or serious bodily harm is justified only if the entry is made or attempted and the person reasonably believes the force is necessary to prevent an assault upon the person or another then in the occupied structure, or the person reasonably believes the force is necessary to prevent the commission of a forcible felony in the occupied structure (§ 45-3-103(2)). 'Occupied structure' means 'any building, vehicle, or other place suitable for human occupancy or night lodging of persons or for carrying on business, whether or not a person is actually present,' including adjacent outbuildings habitually used for personal use or employment; each separately secured or occupied unit is a separate occupied structure (§ 45-2-101(47)). No duty to retreat applies (§ 45-3-110).