All Laws Decoded

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 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.

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.