All Laws Decoded

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) carryYes. 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).
Concealed carry permitConcealed 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 carryState 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).
Guns in your carMontana 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.
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.
Where guns are bannedPermit 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 gunMontana 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.
Background checks and private salesMontana 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 periodMontana 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 firearmsMontana 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 lawNo. 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.
Assault weapons and magazine limitsMontana 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.

Gun Laws in other states

More Montana law

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.