Montana Gun Laws: Concealed Carry, Open Carry and Buying a Gun
Montana gun laws: permitless and concealed carry, open carry, the age to buy a gun, background checks, waiting periods, red flag law and where guns are banned, from state statutes.
Quick answers for Montana
- Permitless (constitutional) carry
- Yes. The concealed-carry offense (fine up to $500 and/or up to 6 months in county jail) 'does not apply to a person eligible to possess a firearm under state or federal law.' The statute sets no separate minimum age; MCA § 45-8-316 (Montana Code Annotated 2025)
- Open carry
- State law does not require a permit to carry openly. Local governments may not regulate the 'unconcealed carrying of any weapon', except that a county, city or town 'has power to prevent and suppress ... MCA §§ 45-8-351, 45-8-344
- Age to buy a gun
- Montana has no state law that sets a minimum age to buy or possess a handgun or long gun. A parent, guardian or other person in charge of a child under 14 may not let the child carry or use a firearm in public unless the child is accompanied by a person having charge or custody of the… MCA 45-8-301 to 45-8-377; MCA 30-20-101 to 30-20-106 (reviewed); MCA 45-8-344
- Concealed carry permit
- Concealed weapon permit, issued by the county sheriff, who 'shall, within 60 days after the filing of an application, issue a permit' unless the applicant falls within listed disqualifications (shall-issue; MCA §§ 45-8-321, 45-8-322(3), 45-8-312
Last verified: 2026-10-27
Carrying a gun
| Permitless (constitutional) carry | Yes. The concealed-carry offense (fine up to $500 and/or up to 6 months in county jail) 'does not apply to a person eligible to possess a firearm under state or federal law.' The statute sets no separate minimum age; anyone legally allowed to possess a firearm may carry it concealed without a permit. A person with a prior conviction punishable by more than 1 year who carries concealed faces up to $1,000 and/or up to 5 years in state prison. Permitless carry dates from 2021 (Ch. 3, L. 2021). |
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| Concealed carry permit | Concealed weapon permit, issued by the county sheriff, who 'shall, within 60 days after the filing of an application, issue a permit' unless the applicant falls within listed disqualifications (shall-issue; the sheriff may deny for reasonable cause to believe the applicant is mentally ill or a threat to the peace). Applicant must be a U.S. citizen or permanent lawful resident, '18 years of age or older', a Montana resident for at least 6 months, with a Montana photo ID. Training: proof of familiarity with a firearm by a hunter education course, firearms safety course, law enforcement course, another state's permit requiring such a course, or military qualification (or a sheriff-approved physical test). Fee: 'The fee for issuance of a permit is $50'; renewal is '$25 fee for each renewal' for 'additional 4-year periods'. § 45-8-321 says the permit 'is valid for 5 years from the date of issuance.' An optional enhanced permit (§ 45-8-312) requires age 21 or older, a fingerprint background check, and a qualifying handgun course with live fire of 'at least 98 rounds'; it is valid for 5 years. § 45-8-312 also provides a temporary restricted enhanced permit for people 18 to 20. |
| Open carry | State law does not require a permit to carry openly. Local governments may not regulate the 'unconcealed carrying of any weapon', except that a county, city or town 'has power to prevent and suppress ... the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction.' Children under 14 may not carry or use firearms in public unless accompanied by a parent or custodian or supervised by a qualified firearms safety instructor or an adult authorized by the parent (§ 45-8-344). Source: MCA §§ 45-8-351, 45-8-344 |
| Guns in your car | Montana does not require a permit to carry a concealed firearm, including in a vehicle, for anyone 'eligible to possess a firearm under state or federal law'. No separate vehicle rule (loaded/unloaded or locked) was found in the weapons chapter. Inferred from the general permitless-carry exemption; no vehicle-specific statute was read. Source: MCA § 45-8-316(3) |
| Other states' permits (reciprocity) | A concealed weapon permit from another state is valid in Montana if the holder has the permit and photo ID in immediate possession and 'the state that issued the permit requires a criminal records background check of permit applicants prior to issuance of a permit.' The attorney general keeps a list of states whose permits are recognized. Source: MCA § 45-8-329 |
| Where guns are banned | Permit holders (Montana, enhanced, or recognized out-of-state) may carry anywhere in the state except: correctional, detention or treatment facilities of the Department of Corrections and secure DPHHS facilities; jails and secure areas of city or county law enforcement facilities; at or beyond a TSA security checkpoint in a public commercial airport; buildings owned and occupied by the United States; U.S. military reservations; private property where the owner or person in control 'expressly prohibits firearms'; courtrooms or court areas covered by a judge's order; and school buildings as determined by a school board. Anyone (with or without a permit) commits an offense by knowingly possessing a weapon in a school building (owned or leased by a school district for instruction or student activities) unless the trustees give advance permission; penalty up to $500 and/or 6 months. Carrying concealed in restricted portions of state or local government office buildings is an offense for people without a permit (§ 45-8-328). |
Buying a gun
| Age to buy a gun | Montana has no state law that sets a minimum age to buy or possess a handgun or long gun. A parent, guardian or other person in charge of a child under 14 may not let the child carry or use a firearm in public unless the child is accompanied by a person having charge or custody of the child or is under the supervision of a qualified firearms safety instructor. Reviewed MCA Title 45, chapter 8, part 3 (Weapons, 45-8-301 to 45-8-377) and Title 30, chapter 20, part 1 (Montana Firearms Freedom Act, 30-20-101 to 30-20-106) on 2026-10-27; no provision found. Also checked MCA 45-5-623 (unlawful transactions with children), which does not list firearms. |
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| Background checks and private sales | Montana has no state law that requires a background check, permit or license for private (non-dealer) firearm sales. A Montana concealed weapon permit holder is exempt from the federal handgun-purchase background check where federal law allows. Reviewed MCA Title 45, chapter 8, part 3 (Weapons, 45-8-301 to 45-8-377) and Title 30, chapter 20, part 1 (Montana Firearms Freedom Act, 30-20-101 to 30-20-106) on 2026-10-27; no provision found. |
| Waiting period | Montana has no state law that sets a waiting period between buying a firearm and taking delivery. Reviewed MCA Title 45, chapter 8, part 3 (Weapons, 45-8-301 to 45-8-377) and Title 30, chapter 20, part 1 (Montana Firearms Freedom Act, 30-20-101 to 30-20-106) on 2026-10-27; no provision found. |
| Ghost guns and homemade firearms | Montana has no state law that requires serial numbers on, or bans, homemade or unserialized firearms or firearm kits. Reviewed MCA Title 45, chapter 8, part 3 (Weapons, 45-8-301 to 45-8-377) and Title 30, chapter 20, part 1 (Montana Firearms Freedom Act, 30-20-101 to 30-20-106) on 2026-10-27; no provision found. |
Red flag law and weapon limits
| Red flag law | No. Montana has no extreme risk protection order law, and a 2025 law states 'that extreme risk protection orders violate a person's right to bear arms' under the U.S. and Montana constitutions. A local government may not enact or implement any policy 'that would have the effect of enforcing an extreme risk protection order against a resident of the state' or accept funding to do so; civil penalty up to $10,000 per instance. Orders of protection under Title 40, chapter 15 are not affected. Source: MCA § 7-1-118 (Ch. 537, L. 2025) |
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| Assault weapons and magazine limits | Montana has no state law that bans assault weapons or limits magazine capacity. State law penalizes possessing or using a machine gun in connection with a crime or for an offensive or aggressive purpose, and possessing a sawed-off firearm. Reviewed MCA Title 45, chapter 8, part 3 (Weapons, 45-8-301 to 45-8-377) and Title 30, chapter 20, part 1 (Montana Firearms Freedom Act, 30-20-101 to 30-20-106) on 2026-10-27; no provision found. |
Gun Laws FAQ
Is Montana a constitutional carry state?
Yes. The concealed-carry offense (fine up to $500 and/or up to 6 months in county jail) 'does not apply to a person eligible to possess a firearm under state or federal law.' The statute sets no separate minimum age; anyone legally allowed to possess a firearm may carry it concealed without a permit. A person with a prior conviction punishable by more than 1 year who carries concealed faces up to $1,000 and/or up to 5 years in state prison.
How do you get a concealed carry permit in Montana?
Concealed weapon permit, issued by the county sheriff, who 'shall, within 60 days after the filing of an application, issue a permit' unless the applicant falls within listed disqualifications (shall-issue; the sheriff may deny for reasonable cause to believe the applicant is mentally ill or a threat to the peace). Applicant must be a U.S. citizen or permanent lawful resident, '18 years of age or older', a Montana resident for at least 6 months, with a Montana photo ID. Training: proof of familiarity with a firearm by a hunter education course, firearms safety course, law enforcement course, another state's permit requiring such a course, or military qualification (or a sheriff-approved physical test). Fee: 'The fee for issuance of a permit is $50'; renewal is '$25 fee for each renewal' for 'additional 4-year periods'. § 45-8-321 says the permit 'is valid for 5 years from the date of issuance.' An optional enhanced permit (§ 45-8-312) requires age 21 or older, a fingerprint background check, and a qualifying handgun course with live fire of 'at least 98 rounds'; it is valid for 5 years. § 45-8-312 also provides a temporary restricted enhanced permit for people 18 to 20.
Is open carry legal in Montana?
State law does not require a permit to carry openly. Local governments may not regulate the 'unconcealed carrying of any weapon', except that a county, city or town 'has power to prevent and suppress ... the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction.' Children under 14 may not carry or use firearms in public unless accompanied by a parent or custodian or supervised by a qualified firearms safety instructor or an adult authorized by the parent (§ 45-8-344).
How old do you have to be to buy a gun in Montana?
Montana has no state law that sets a minimum age to buy or possess a handgun or long gun. A parent, guardian or other person in charge of a child under 14 may not let the child carry or use a firearm in public unless the child is accompanied by a person having charge or custody of the child or is under the supervision of a qualified firearms safety instructor.
Do private gun sales need a background check in Montana?
Montana has no state law that requires a background check, permit or license for private (non-dealer) firearm sales. A Montana concealed weapon permit holder is exempt from the federal handgun-purchase background check where federal law allows.
Is there a waiting period to buy a gun in Montana?
Montana has no state law that sets a waiting period between buying a firearm and taking delivery.
Does Montana have a red flag law?
No. Montana has no extreme risk protection order law, and a 2025 law states 'that extreme risk protection orders violate a person's right to bear arms' under the U.S. and Montana constitutions. A local government may not enact or implement any policy 'that would have the effect of enforcing an extreme risk protection order against a resident of the state' or accept funding to do so; civil penalty up to $10,000 per instance. Orders of protection under Title 40, chapter 15 are not affected.
Does Montana ban assault weapons or high-capacity magazines?
Montana has no state law that bans assault weapons or limits magazine capacity. State law penalizes possessing or using a machine gun in connection with a crime or for an offensive or aggressive purpose, and possessing a sawed-off firearm.
Can you keep a gun in your car in Montana without a permit?
Montana does not require a permit to carry a concealed firearm, including in a vehicle, for anyone 'eligible to possess a firearm under state or federal law'. No separate vehicle rule (loaded/unloaded or locked) was found in the weapons chapter.
Which states' carry permits does Montana honor?
A concealed weapon permit from another state is valid in Montana if the holder has the permit and photo ID in immediate possession and 'the state that issued the permit requires a criminal records background check of permit applicants prior to issuance of a permit.' The attorney general keeps a list of states whose permits are recognized.
Where can't you carry a gun in Montana?
Permit holders (Montana, enhanced, or recognized out-of-state) may carry anywhere in the state except: correctional, detention or treatment facilities of the Department of Corrections and secure DPHHS facilities; jails and secure areas of city or county law enforcement facilities; at or beyond a TSA security checkpoint in a public commercial airport; buildings owned and occupied by the United States; U.S. military reservations; private property where the owner or person in control 'expressly prohibits firearms'; courtrooms or court areas covered by a judge's order; and school buildings as determined by a school board. Anyone (with or without a permit) commits an offense by knowingly possessing a weapon in a school building (owned or leased by a school district for instruction or student activities) unless the trustees give advance permission; penalty up to $500 and/or 6 months. Carrying concealed in restricted portions of state or local government office buildings is an offense for people without a permit (§ 45-8-328).
Are ghost guns legal in Montana?
Montana has no state law that requires serial numbers on, or bans, homemade or unserialized firearms or firearm kits.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.