Montana Open Carry Laws

Carry law and matters dealing with the 2nd. Amendment.
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1813Anschutz
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Montana Open Carry Laws

Postby 1813Anschutz » Fri Apr 17, 2015 11:23 pm

This surprised me as I am always up to speed on Concealed Carry......check out Montana 45-8-328! this really opened my eyes!
Montana Gun Laws Reference Notes

Open Carry

Montana is an open carry state. That means that most anyone who can legally own a firearm can carry it unconcealed anywhere in Montana with only a few exceptions like schools and federal buildings. Montana expressly permits drawing or presenting a weapon to an aggressor threatening bodily harm. MCA 45-3-111 http://data.opi.mt.gov/bills/mca/45/3/45-3-111.htm

Localities are substantially preempted, but have limited power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or schools. MCA 45-8-351 http://data.opi.mt.gov/bills/mca/45/8/45-8-351.htm

You only need to be 14 years old to open carry in Montana. If a minor under 14 wishes to open carry they must be accompanied by an adult who is the child’s parent or guardian or who has been authorized by the child’s guardian to supervise the child. MCA 45-8-344 http://data.opi.mt.gov/bills/mca/45/8/45-8-344.htm (Federal law still applies)

Concealed Carry

The restriction on concealed carry in Montana only applies when you are within a city or town’s limits. Anyone can carry concealed in Montana without a permit when outside city or town limits, on their property or at their place of business.

MCA 45-8-316 through 45-8-317 http://data.opi.mt.gov/bills/mca/45/8/45-8-316.htm states it is unlawful to carry a concealed weapon in Montana. Unless you are outside of a city or town limits, you are an LEO, you have a CCW permit or you are at your home or place of business. Also anyone who is lawfully engaged in hunting, fishing, camping, hiking, backpacking, farming, ranching, and certain other outdoor activities may carry concealed weapons. MCA 45-8-317 http://data.opi.mt.gov/bills/mca/45/8/45-8-317.htm

The Montana Attorney General’s Web Site states the following: Montana has no prohibitions against carrying a weapon in a motor vehicle. http://doj.mt.gov/enforcement/concealed-weapons/

You can carry a loaded handgun or other weapon inside your vehicle, (including in the glove box or console) without any type of permit or license within cities and towns and it is not considered concealed.

You can carry a weapon in a briefcase or purse while in the cities and towns in Montana and it is not considered concealed. This is because the definition of concealed in Montana state law is: wholly or partially covered by clothing or wearing apparel MCA 45-8-315 http://data.opi.mt.gov/bills/mca/45/8/45-8-315.htm

MCA 45-8-328 http://data.opi.mt.gov/bills/mca/45/8/45-8-328.htm states that even with a CCW you may not carry concealed in a federal, state or local government office, in a restaurant or bar that serves alcohol or inside a bank . There is no LEO exception but LEOSA overrides this statue for qualified officers and allows them to carry concealed firearms in banks and restaurants. (However anyone is allowed to open carry in banks and bars in Montana.)

MCA 45-8-361 http://data.opi.mt.gov/bills/mca/45/8/45-8-361.htm states that even with a CCW you may not carry concealed in school building (LEOs exempt)

MCA 45-8-339 http://data.opi.mt.gov/bills/mca/45/8/45-8-339.htm states that even with a CCW you may not carry concealed on a train. (LEOs exempt)

National Parks in Montana are now governed by Montana state laws with regard to concealed or open carriage of weapons. However you still can not carry into federal buildings (visitor stations, ranger stations, etc. in the parks.)

There is no requirement in Montana to inform an officer who stops you that you are carrying a concealed weapon.
Knives and Other

Knives 4 inches in length or longer are considered weapons by Montana state law. Having a 4 inch folding knife in your pocket with the clip on the outside of the pocket would be considered carrying a concealed weapon. (LEOs exempt)

The Law Enforcement Officers Safety Act (LEOSA) only authorizes carrying "a concealed firearm" not knives or other weapons.

Montana has no laws whatsoever restricting chemical agents (OC) or electronic control devices (Taser).
"The more I shoot the luckier I seem to Get"

NRA Certified Instructor-Rifle, Pistol, Personal Protection Inside the Home, NRA CRO. competitor in SASS, IDPA, USPSA, NRA Smallbore rifle 3/4 p. NRA High Power Rifle Service Rifle, NRA Air Rifle

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samuelrp
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Re: Montana Open Carry Laws

Postby samuelrp » Sat Apr 18, 2015 10:41 am

I'm glad to see a 2 year old needs adult supervision to open carry. What's up with the train rule ?
Maintain the sport. Take a kid shooting.

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1813Anschutz
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Re: Montana Open Carry Laws

Postby 1813Anschutz » Sat Apr 18, 2015 5:35 pm

A hold over from yesteryear I would think.......something about train robberies and all.

I have concentrated my firearms carry knowledge to that of concealed and not at all on open carry....what a surprise to me!

Randy
"The more I shoot the luckier I seem to Get"

NRA Certified Instructor-Rifle, Pistol, Personal Protection Inside the Home, NRA CRO. competitor in SASS, IDPA, USPSA, NRA Smallbore rifle 3/4 p. NRA High Power Rifle Service Rifle, NRA Air Rifle

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Tango 1
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Location: St. Louis

Re: Montana Open Carry Laws

Postby Tango 1 » Sun Apr 19, 2015 5:37 pm

"even with a CCW you may not carry concealed on a train." That is the same here in Missouri, on Metrolink trains, or buses. On public transportation where you may need it most, it's against the law.
When life gives you lemons, you make lemonade. When life gives you zombies, you work out your anger issues.

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Montanapatriot
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Re: Montana Open Carry Laws

Postby Montanapatriot » Tue Apr 21, 2015 6:21 pm

Thanks Randy!
As a former resident of the NYC Metropolitan area I can attest to the fact that an inescapable train hurtling along at 50 mph in a tunnel 100 feet below the earth is the first place you want to be armed.
It's a jungle out there!


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