Montana now Permitless carry

steelslaver

steelslaver

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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)
 
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OLDSTER said:
North Dakota went that way in August of 2017.
Click to expand...

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.
 
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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
 
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.
 
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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.
 
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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
 
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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.
 
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steelslaver said:
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.
Click to expand...

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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