Red Flag Law and Weapon Limits in Montana
Whether Montana has a red flag (extreme risk) law and any limits on assault weapons or magazine capacity.
Short answer: 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. MCA § 7-1-118 (Ch. 537, L. 2025)
| 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. |
More Montana gun laws
FAQ
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.
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.