They passed permit less carry in Montana for anyone with a clean record over 18 and also did away with a bunch of restrictions as to where you can carry. Our legislators recognized the folly of gun free zones. I will keep my permit, mostly for travel, but those with a permit can carry in a few places those without can not.Those with concealed carry permits to now be able to concealed carry in bars, casinos and restaurants and financial institutions like banks as well as in state and local government buildings such as the State Capitol Building, courthouses also but, not in court rooms. University and colleges are able to prohibit the possession of a firearm at an event on campus where alcohol is being served, or at an athletic or entertainment event open to the public with controlled access and armed security on site. College institutions are also able to prohibit firearm possession in a dorm if the roommate objects and by individuals that have discipline actions arising out of the individual's interpersonal violence or substance abuse. Individuals that want to conceal carry a weapon on campus will also need to follow training requirements and regulations under the Montana University System Board of Regents. Military veterans with overseas duty are exempt from this restriction. (ME)

Sounds like a plan.

As it should be. Congrats.

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!אחרי
144:1

Could you, perhaps, send your legislators to Virginia? We need that sort of enlightenment.

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VCDL, GOA, NRA

North Dakota went that way in August of 2017.

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John

I'm always happy to see States willing to help protect their citizens! With the ongoing stupid things the present administration is approving we as lawful citizens need all the help we can get.

Montana has always been permit less open carry. I remember back in my 20s, (mid 1970s) while working on a drilling rig out of Williston, ND, standing on the street waiting for the crew to show up for the drive to the rig and having a cop pull up and ask me a bunch of questions concerning the Ruger 357 holstered on my hip. First I had ever heard of something he was calling a permit. Being raise in Montana I had never heard of such an outlandish thing. He decided I was harmless and let me go with a warning. I did get one of those foolish North Dakota permits though.

Montana legislator has passed permit less carry during the previous 2 sessions (they only meet every 2 years) but the governor during then failed to sign the bills into law. His parties stance on guns is the main reason he failed in his bid for the US senate.

A Montana permit was never hard to get. They are issued by the sheriff of your county of residence and that sheriff could require some form of training up to an NRA pistol certificate or the like. Many accepted anything from a hunter safety course to being a veteran. Then they either had to issue or present evidence in district court as to why they would not.

A Montana Concealed Weapons Permit also allows you to skip the check when purchasing a firearm. They put your permit # on the 4473, you fill it out and sign. No, waiting cash and carry. I say I'll take it and am out the door, gun in hand in less than 15 minutes. Sheels takes longer as you fill out the 4473, the guy reviews it, then the manager does, then I had to correct my penmanship etc etc. I don't go in there much anymore.

Congratulations to Montana

While the list is growing, it would be GREAT to see the bulk of our Nation recognize Constitutional Carry along side Montana and the handful of States that have passed it so far

Unfortunately, my Father's land just off of Old US Highway 2 went to one of his Ex Wives


For the States that required a permit . . . New Hampshire was my favorite.

One sheet of paper. No pictures or fingerprints (the State felt that was an invasion of your privacy) and just a handful of questions.

The issued permit arrived at my home, two days before my check cleared the bank

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"Acta non verba"

Does it apply to out of state visitors? I have a Concealed Carry permit in Va. and have come to your state several times for trout fishing - mainly in the Ennis area. Would like to carry in remote areas we visit due to bear.

As I understand our Montana Codes Annotated, concealed carry outside of a city, township or any other municipality has always been legal, resident or not.
Check Montana reciprocity with Virginia.

Randy

Yes, before this you did not need a permit to carry outside of town or on your private property, Your car and your camp are considered extensions of your home in Montana. I have not seen or have any reason to believe this is limited to residents only, but nothing that clearly says it is legal either. But, Montana law honors just about every other states permit if you have one. I counted 43 states it honors. I doubt any LEO in this state is going to bother you if you had one from one of the other 7.

You only needed one to carry concealed upon your person in a city, town or village anyway even before this law. Prior someone from say New York could have a loaded gun on the dash, 2 in the glove compartment, one in a holster, 3 under the seat, a AR 15 with a 30 round magazine on the passengers seat and been perfectly legal here. It may have raised an eyebrow, because of the why so many. But, it would NOT have been illegal. I have gotten stopped with 2 loaded rifles in the front seat (I have a fixture on the floor under dash for the muzzles and a deal on the center console for the stocks) and wearing a holstered hand gun and the deputy didn't even ask about the guns. Perfectly normal here, he just took my drivers license went to his rig, wrote out the ticket, came back and give it to me. I handed him his money and he left. All done. Actual he couldn't even inspect them for serial numbers or anything else, because he can not search any of my property unless there is a crime in plain sight. He could ask and I can say no. I have never ever been asked by a cop or a game warden in Montana to allow them such an intrusion on my privacy.

In a conversation with Attorney General Tim Fox he said, " Randy if it is NOT prohibited by law here in Montana it is therefore legal"

Montana law does NOT specify carry outside city, town limits is for residents only.

Randy

Go to Montana codes
Table of Contents - MCA
Guns stuff is under TITLE 45 Crimes CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER Part 3. Weapons and then 45-8-316 Carrying concealed firearms 45-8-316. Carrying concealed firearms. (1) A person who carries or bears concealed upon the individual's person a firearm shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both. (That or the exceptions is what is being changed.

The exceptions to portion 316 45-8-317. Exceptions. (1) Section 45-8-316 does not apply to: (i) a person who is outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp or who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection;

(j) the carrying of arms on one's own premises or at one's home or place of business; or

Nothing about residency

BTW for the rules on defense check here

TITLE 45. CRIMES
CHAPTER 3. JUSTIFIABLE USE OF FORCE

Interestinlgy in Montana
45-3-111. Openly carrying weapon -- display -- exemption. (1) Any person who is not otherwise prohibited from doing so by federal or state law may openly carry a weapon and may communicate to another person the fact that the person has a weapon.

(2) If a person reasonably believes that the person or another person is threatened with bodily harm, the person may warn or threaten the use of force, including deadly force, against the aggressor, including drawing or presenting a weapon.

The website has not got the all recent updates from this legislative session yet so the new rules are not there yet.

On there way back home how about a lay over in Illinois!

Here is a copy of the Bill as written and turned into Law
Note the legislative purpose and intent
The portions with a line through them were those struck from previous law
For you out of state people visiting your good.
45-8-316 Which prohibits concealed carry is followed by (3) This section does not apply to a person eligible to posses a firearm under state or federal law.
Nothing there about residency

https://leg.mt.gov/bills/2021/billpdf/HB0102.pdf

Still has to pass the senate and governor but Indiana house passed constitutional carry 65 to 31. Jim.

Huge change in regards to carry in a restaurant that serves ! Also removing the restriction in carrying in a bank or credit union.

A long overdue revision......

Thanks for posting the actual bill.

Randy

Ya, the part about banks and restaurants bugged me. Most good supper clubs etc serve alcohol, I am not much of a drinker any more, but still a pretty fair eater. I would also think that being inside or coming out of a bank would be a prime spot for armed robbers to show up and they sure don't care about the laws. I don't spend much time on college campuses anymore.

Notice the 45-8-351 part where a county or city can not restrict the sale or transfer or delay the transfer of a gun.. That hat to be a direct shot and hit on Missoula and it trying to make all transfers go through an FFL. In fact I think the college leftest got a serious spanking all over in the bill.

My complements to the state legislators on this one.

That makes 16 states US citizens can carry concealed without a permit. 2 more, Wyoming and N Dakota only allow their own residents this right.

Probably the only ones willing to leave here for Virginia are those that voted against the bill and most of Montana would be willing to provide them transportation. Sorry

By loaded I believe the statute said you cannot not have one in the chamber or hammer on a loaded round, IIRC. Idaho's said none in the chamber and none in the next hole on a revolver making it in effect a 4 shot. The only way this would ever be checked is after a shooting or during the investigation of a crime.

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Front sight and squeeze

I don't find ANY stipulation on whether or not the firearm is "Loaded" in MCA.

Randy

Nowhere in Montana statues is there anything about loaded or unloaded chambers or guns of any type. What statue are you referring to.? All the weapons laws are listed under 45-8. The fish and game regs don't have anything like that either. But, then the Fish and Game can not superseded state law anyway.

MY personal law prevents you from carrying a rifle with a round in the chamber in MY truck. Unless you got an old Model Ruger or Colt or the like your good. Only one hunting buddy has a Glock, I give him a pass because he is a deputy sheriff

I think this is probably old info from 15 years ago as I have not kept up as I should have.

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Front sight and squeeze

On 18 February, 2021, Governor Greg Gianforte signed Montana HB102 into law. The bill is the largest, most comprehensive reform of Montana gun laws in the history of the state.

Randy

I recently heard that Utah may be voting on Constitutional Carry. South Dakota chas had it for a couple of years. I keep my permit for travel reasons as well. It's time for national Constitutional Carry.

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otis

grumble, grrrr ...

At least we've had legal open carry since statehood and shall issue concealed handgun licenses for my adult lifetime.

You're still short on good salt water sailing and your cats probably freeze solid if you leave them out over night.

Believe it or not cats survive here no problem. I have seen feral cats miles from the nearest ranch. Our salt water fishing is slim,

But you can catch plenty of nice King salmon around the dam at Fort Peck and a 10# walleye won't even raise an eyebrow. Portions of the Missouri got more trout per mile than any river in the US and there is no line at the ramps to launch. The longest stretch of river where I could put my jet boat in and run without taking it out is over 600 miles. Or I could put in at the dam on Fort peck (4th largest reservoir in US)and go up stream in the spring about 400 mile to the next dam up stream. The lake is about 400 sq miles surrounded by the 900,000 acre CMR reserve. Elk, deer, antelope and birds hunting lots more and that is just one spot. There are 32.5 MILLION acres of state and public land. I get by without the salt water. I can hunt Elk, Mule deer, White tail, antelope with a no drawing tag every year, Pheasant, turkeys, a variety of grouse, partridge, doves and ducks. Rabbits, squirrels, coyotes fox etc don't even require any licience or have seasons.

It can and will freeze your rear off around here. a day at 20 below zero and 8" of snow is just another day, schools and businesses open and everyone is just glad it ain't really cold.

Sounds like paradise to me......

Oh, I live there as well!!!

Randy

I always did like Montana. Except for the fact it always took me 2 days to make it through on my bike, at least it was a beautiful 2 days. Now I like it more.

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The best I can with what I got

Illinois has so many permits it's hard to keep track of them all. I think they do it so they can charge fees for revenue.

Washington's liberals made crows a game bird so we'd have to buy a hunting license to legally shoot one. They cleverly made crow season well outside of the time period when our vegetable gardens and fruit trees are producing food. By the letter of the law a crow would have to standing on a branch of your fruit tree or pecking your tomato on the vine to legally shoot the damn thing and even then you'd need a license.

In King County, which includes Seattle, falling one tree requires government approval. Without obtaining the permit my mother's neighbor cut a maple that blocked their view of the the lake. Maples grow back from a stump. Over the decades that maple had been cut a half dozen times. Someone complained. Fines and mitigation has cost the neighbor over $15,000! They had to bulldoze the sloped lawn above the maple to make two flat levels with a wall holding up the vertical bank between the two and make a path so the inspector can walk to the maple stump without getting his shoes wet. The maple is growing back again.

By the way, sailing involves hoisting cloth sails up a mast.

Welcome to the club. Since West Virginia passes permitless carry, I've been seeing more people open carrying.

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Keep on Chooglin'

I don't believe you ever needed any kind of permit for open carry in Montana history. I remember when I first started going into bars, guys walking in, handing the bartender their gun and then collecting it when they left. I have no idea what the actual laws were at the time.

I believe steelslayer is quite correct in Montana never had a permit for open carry.
Permits were only needed within the city, town or municipality limits.

Randy

Virginia has never had a permit system for open carry either, only concealed carry. Sadly, here in the Communistwealth of Virginia, there are fewer and fewer places where open or concealed carry are allowed.

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VCDL, GOA, NRA

We found a Wash. gun law that is better than Montana's! Wash. has state preemption of gun laws. After cities and counties pass gun laws that are more restrictive than Wash. state law courts quickly toss those laws out in the ally with last week's dirty dish water.

Unfortunately Seattle and probably other places have found one work around, taxes. Seattle passed taxes on gun and ammunition sales that drove every gun store out of the city. Despite that being the intent of the tax a court ruled it is only a tax, not a violation of state preemption.

Same here...hard to believe. But VT is a little late to the table on the concealed/open constitutional carry. Didn't happen here until March 4th 1791...when VT became the 14th state.

LOL Washington don't even come close.

Montana law specifically specifies that cities or counties cannot pass more restrictive laws. They can prohibit carry in certain government building and that is it.

Notice the part under clause 2 about local governments being prohibited from a tax or license. Can not prohibit gun shows either.

"45-8-351.Restriction on local government regulation of firearms.(1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.
(2)(a)For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction.
(b)Nothing contained in this section allows any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others or to prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise

A few years back A college town in Montana passed a law prohibiting gun transfers without an FFL. Started a court battle. Then a citizens initiative was voted on that prohibited it and now the state made it even clearer in this law.

Cities can prohibit in some of their public government buildings, the county sheriff can a rule as to training to get a carry permit and now that is pretty meaningless unless you want one for travel out of state. Plus, there is a written limit to the amount sheriff can demand, once you have that he has got to issue the permit or show a district court judge why not in open court.

(2)(a)For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns.

A few years back a town here tried to pass an ordinance that dictated conditions for home shooting ranges. It was immediately shot down because of the preemption law, no town can regulate anything gun related. If we had a law like Montana's they would have gotten away with it.

NOPE gun ranges are protected by a different law
Range Protection

An established shooting range generally may not be prevented from operation by a state agency, unit of local government, or court unless the range presents a clear and provable safety hazard to the adjacent population. However, if a pressing public need exists because of incompatibility with nearby population or land use, an established shooting range may be relocated by an agency of state government, unit of local government, or court, but only if (1) the pressing public need is documented through hearings, testimony, and a clear and precise statement of need by the agency, unit of local government, or court involved; and (2) the agency or unit of local government obtaining the closure pays the appraised cost of the land together with improvements to the operators of the shooting range. In return the shooting range operators shall relinquish their interest in the property to the agency or unit of local government obtaining the closure. Mont. Code Ann. § 76-9-105(1), (2).

So, unless the local government can prove the range unsafe in court it stays and if they do prove it they have to pony up the value of property, improvements etc and relocate it.

The power to limit discharge is limited and in cases of defense of self and property occupied or unoccupied against a forcible felony they have none.

I can't hunt inside the town I live in or set targets up in my tars and bang away, shot squirrels etc. But, I tell you how it is, a retired judge lives right beside me and if I shot a coyote in my yard, his yard or the street out front he would be a happy camper and the cops and the sheriff wouldn't say or do squat unless a neighbor complained. Unless I put a hole in their house, car or dog that won't happen. I hear a gun go off around here I figure something that needed shooting just got shot.

There is a reason that town is referred to by more than a few residents as "Spokane east"

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Front sight and squeeze

"I can't hunt inside the town I live in or set targets up in my tars and bang away, shot squirrels etc.'

This is the type of range I was referring to, not commercial ranges. A town here CANNOT, under ANY circumstances, regulate ANYTHING done with a gun. Hunting, shooting, anything. I can blaze away in the middle of a condo complex and a local municipality can do nothing to stop it. That's a true preemption law, anything short of that is like a woman saying i'm only a little bit pregnant. The reason I don't blaze away anywhere I am allowed is simple: common sense, respect for other people, and being responsible for my actions.

There had to be something.
I can set up targets and bang away in my back yard. To be polite to one liberal neighbor I limit the noise to .22 LR or walk in the direction away from his house onto another neighbor's property. To be fair I have no doubt that Montanans who live out of town can do the same thing.

The last election's effect on Wash. gun laws remains to be seen.

I could do as I pleased until a couple years ago when I got annexed by the city. If I had set up a range before that I could still use it if nobody proved it unsafe.

Now I have to drive 5 miles to use covered benches and a 25-50-100-200-300 400-600ydr range or either of the covered pistol 50 yd pistol bays or 2 covered 50 yd 22 bays. The Cowboy action and skeet ranges are not covered. My key to the property cost me and my family 435 a year. I think I'll manage between that and about 36 million acres of public land nobody needs to shoot in town. I will say that I do LIKE the VT approach.

Missoula is Montana's version of Berkley. Sad really, a lot of good old boys over ran by left coast refugees and college professors. Keeps every on on their toes.

I can definitely relate to this ...universities draw them in like flies on a gut pile...and it is sad.

What's the rationale behind "oversees duty" exemption? I could understand if it was combat zone duty, but oversees is rather meaningless from a gun training standpoint.

Meanwhile, Utah passed constitutional carry as well. Looks like Iowa is heading down the same road. You can now drive from the Canadian border to the Mexican border, via permit-less states.

It is not an issue in Montana when you are recreating, camping, hiking etc. You don't have to be a state resident to carry - simply must be a non-prohibited individual.