Gun Laws in Montana
Gun Friendliness Score
How We Calculate Gun Friendliness Scores
The Gun Friendliness Score ranges from 0 to 100 and represents how favorable a state's laws are toward gun ownership and use. We evaluate each state across 50 key gun policies, assigning points based on how these policies affect gun owners:
- Policies that support gun rights, reduce restrictions, or expand legal protections for gun owners receive positive points
- Policies that restrict firearm ownership, limit purchase options, or add regulatory burdens receive negative points
Montana's outstanding score of 94 reflects the state's constitutional carry laws, minimal restrictions on firearm types, strong preemption laws, and robust self-defense protections.
Montana Gun Laws Summary
Montana has established itself as one of the most gun-friendly states in the nation, ranking second only to Wyoming. The state has minimal restrictions on firearms and ammunition, often avoiding duplication of federal regulations and not imposing additional burdens beyond what federal law requires.
Montana is a shall-issue state for concealed weapons permits, though permits are entirely optional for residents. The Department of Justice handles permit issuance, and qualifying applicants will receive their permits without discretionary denial. While not required, obtaining a permit provides advantages including reciprocity with other states and streamlined firearm purchases.
Since February 18, 2021, Montana has been a constitutional carry state when Governor Greg Gianforte signed HB 102 into law. Any law-abiding citizen or legal resident who is at least 18 years old and legally permitted to possess a firearm can carry a concealed weapon without a permit. Montana was among the later states to adopt constitutional carry, but has consistently maintained a strong commitment to protecting Second Amendment rights.
Permitting, Sales and Transfers
No permits are required to purchase firearms or ammunition in Montana. Background checks are conducted for sales through federally licensed dealers (FFLs) as required by federal law, using the National Instant Criminal Background Check System (NICS).
Private sales between individuals require no background check, permit, or registration. Montana law explicitly prohibits any state or local governmental unit from maintaining a registry of firearm transfers or firearm ownership.
Firearms in Public and in the Home
Montana is a constitutional carry state where no permit is required for open or concealed carry. Residents aged 18 and older who can legally possess firearms may carry without a permit, while non-residents must be at least 21 years old or have a valid permit from their home state. Montana honors concealed carry permits from all states.
Open carry is legal without a permit for anyone 18 years or older who can legally possess a firearm. Certain locations prohibit carry, including federal buildings, school grounds, and financial institutions. For those who choose to obtain a permit, Montana requires either a firearms safety course or demonstration of familiarity with a firearm. Active duty military members and veterans receive streamlined permit processing.
Firearm, Feature and Accessory Bans
Montana has no bans on semi-automatic firearms, detachable magazines, or firearms with specific features. There are no magazine capacity restrictions. All NFA items (suppressors, short-barreled rifles, short-barreled shotguns, machine guns, etc.) are legal to own provided federal requirements are met. Montana law specifically prevents local governments from enacting any regulations more restrictive than state law.
Local Laws
Montana has strong statewide preemption of firearms laws. State law explicitly prohibits counties, cities, towns, and other political subdivisions from enacting any ordinance, regulation, tax, or rule relating to firearms that is more restrictive than state law. This ensures uniform gun laws throughout the state and prevents local governments from creating a patchwork of regulations that could confuse gun owners and potentially criminalize otherwise lawful behavior.
2025 Gun Law Checklist
Montana Gun Policy Profile: 50 Key Legislative Points
Purchasing and Sales Regulations
Background Check for Any Firearm Sale
State requires any firearm sale to go through a licensed dealer (FFL) and be subject to a background check. (Federal law requires those "engaged in the business" of buying/selling firearms to perform a background check during a sale). A private sale or transfer of any firearm between individuals (non-family members) must be also conducted through an FFL.
Background Check for Any Handgun Sale (Including Private Sales)
All handgun sales and most transfers are subject to a background check. Private sales of handguns between individuals (non-family members) must be conducted through an FFL.
Background Check Extensions
State will halt the transfer of a firearm if a background check is delayed. Some states will halt the process indefinitely, some for a set amount of time.
Failed Background Check Reported to Law Enforcement
The firearm dealer (or state agency conducting the background check) has a responsibility to notify local law enforcement of a failed background check.
Must be 21 or Older to Purchase
Most firearms–including rifles, shotguns, and handguns–cannot be sold to anyone under the age of 21. (Federal laws permit long guns to be sold to those over the age of 18.)
Permit to Purchase
State requires a permit (single-use or renewable) for all firearms or specifically for handguns. States typically charge a fee for the permit and a background check is performed during the application.
Mandatory Waiting Periods
Prior to purchasing a firearm, an individual must wait a specified period (typically between 3-14 days) between initiating the purchase and taking possession of the firearm.
State Licenses All Gun Dealers
State has a licensing system for firearms merchants above and beyond the federal (FFL) system.
Purchase Rejected for Public Safety Reasons
State officials able to block sales of firearms if the purchaser is deemed to be a threat to themselves or to public safety (according to the judgment of the official)
Approved Handgun Roster
State controls what make and model handguns are sold; according to their own criteria. Often, this involves a "roster" of approved handguns with the right "safety" features, such as a loaded chamber indicator, or even the amount of metal in the firearm (Maryland). Often, LE are exempt from these requirements.
Strict Unfinished Frames and Receivers Laws
State sets a lower threshold for unfinished frames and receivers (beyond ATF rule 2021R-05F). Includes ban on 3D-printing of these parts in some states.
Ownership and Registration Requirements
Permit to Possess
Several states require a permit just to possess: a handgun (New York); any firearms or ammunition (Illinois).
State Firearm or Handgun Registry
State keeps a record of every firearm or handgun sold. Includes states with a permit to purchase and states that keep records of purchases.
Mandatory Firearms Training
Prior to purchasing a firearm, an individual must prove they completed the state ordered training. Often, this is part of the application process for a Permit to Purchase.
Secure Storage Requirement
Gun owners must lock up firearms in the home (or anywhere else a minor or prohibited person may have access).
Magazine Capacity Limits
State limits magazine capacity for some or all firearms.
"Assault Weapons" Ban
Magazine fed, semi-automatic, centerfire rifles cannot have other "features" (pistol grip, flash hider, etc.) or they are considered "assault weapons." New guns cannot be registered as "assault weapons." Possession is prohibited with limited exceptions.
Microstamping Law
State has a law banning the sale of a new pistol unless its firing can imprint its serial number somewhere on the cartridge case during firing. This technology is make-believe at present, but these laws will effectively ban the sale of new handguns in the state if/when they become effective
Penalties for Not Reporting a Lost or Stolen Firearm
Gun owners must report the loss or theft of firearms–usually within several days of the incident or first discovering the loss–or potentially face a criminal penalty.
Carry and Location Restrictions
Mandatory Permit for Concealed Carry
State requires a permit to carry a concealed pistol. This includes all states that "may issue" a permit (where officials may deny a permit for subjective reasons).
Officials Can Deny Carry Permit
State allows the carry permit officials to deny an application based on the state's own criteria.
Open Carry Limited or Banned
State restricts open carry to rifles and shotguns or bans open carry completely unless you are LE or special permit holder.
No Carry Mandate for College Campuses
State has not passed a blanket law permitting concealed carry on college campuses.
Gun Ban on Most Public Property
State limits or bans any type of carry in and around government facilities (state, county, municipal) and/or limits carry of firearms in parades and demonstrations
Guns Banned in Bars
State prohibits carry inside bars or consumption of alcohol while carrying.
No Guns in K-12 Schools
Only LE (and in some states, specially licensed school officials) may carry on school property.
Does Not Recognize Other States' Carry Permits
State doesn't consider concealed carry permits from other states valid
Prohibited Persons and Possession Restrictions
Felons are Also Prohibited Persons at State Level
State has a law prohibiting felons from owning guns and ammo, even though federal law already does this.
Fugitives are Also Prohibited Persons at State Level
State has a law prohibiting fugitives from justice from owning guns and ammo, even though federal law already does this.
Involuntarily Committed are Also Prohibited Persons at State Level
State has a law prohibiting those who have been involuntarily committed (to a psychiatric hospital or mental institution), or those found to be a danger to themselves or others from owning guns and ammo. Federal law already prohibits anyone found to be mentally defective or committed to a mental institution at 16 years or older.
Violent Offenders Cannot Possess
State will take away firearms, deny future possession, or at minimum deny future purchase of firearms for certain misdemeanor crimes of violence (besides domestic violence violence).
Domestic Violence Offenders Also Prohibited Persons at State Level
State has a law prohibiting those convicted of misdemeanor domestic violence from owning guns and ammo, even though federal law already does this
Stalkers are Prohibited Persons at the State Level
State has either made stalking a felony (instant prohibitor) or makes an individual convicted of misdemeanor stalking a prohibited person.
Intervention and Seizure Provisions
Red Flag Law
Law enforcement (and others, depending on the state) is allowed to request that firearms be taken away from others with limited due process.
Emergency Gun Seizure Before Restraining Orders
Similar to a red flag law, state will take away guns before an actual conviction. This is often during domestic disputes, before a restraining order takes effect, and in similar situations.
Guns Seized for Hate Crimes
State will take away all firearms from an individual in response to a misdemeanor hate crime conviction.
Guns Seized After Becoming Prohibited
State will quickly respond when an individual's status changes to prohibited and take away all firearms belonging to that person.
Guns Seized After Domestic Violence Conviction
State will quickly respond to take away firearms from an individual if they are convicted of misdemeanor domestic violence.
Guns Seized Amid Restraining Orders
State will take away all firearms from anyone who is subject to a restraining order, even though federal law already does this.
No Stand Your Ground Law
State imposes a "duty to retreat" before using force or requires "proportional force" when responding to an attack or dangerous situation with force.
Monitoring and Threat Assessment
Mental Health Database
State maintains records of anyone that has been committed or involuntarily committed to psychiatric hospitals. They send this information to the FBI for use by the NICS (or when conducting a state background check, if applicable).
School Officials Conduct Threat Assessments
Teams of mostly school officials are empowered by law to refer children for mental health assessments or take more drastic action if they believe the child poses a threat to themselves or others.
Mandatory Tracing of "Crime Guns"
Law enforcement must use either a state system or the federal firearm tracing system to research any firearm recovered from a crime scene or used in a crime.
Law Enforcement Oversight and Accountability
No LE Officers Bill of Rights
Some states never passed (or passed and later repealed) a set of basic protections for public safety officers. These protections vary by state. They often include the right to engage in political activity and run for public office, and the right to refuse a lie detector test, among other things.
Heavy Restrictions on LE Use of Deadly Force
State laws severely limit the discharge of firearms to apprehend criminals, including against individuals suspected of murder or fleeing a felony in many cases.
Reports for LE Deadly Force Incidents
Law enforcement agencies are required to report any officer-involved shootings that result in serious injury or death. Monthly or annual reports are compiled using this data and made available to the public.
No Qualified Immunity Defense Laws
In civil court, LE officials may not use a defense of qualified immunity if they are accused of certain civil rights violations. This includes situations in which a firearm was used.
Prevention and Support Programs
Dedicated Office of Gun Violence Prevention
Some states have passed legislation creating gun violence prevention offices that target "community gun violence." Taxpayer funds are used to support these programs, which may have little to no effect on violent crime.
Funding for Services of Victims of Gun Violence
Some states maximize the use of federal money intended for victims of violent crime by increasing pool of eligible claimants. Money is paid out to families of convicted felons in many cases.
Local Control
Counties / Cities / Towns Can Pass Stricter Gun Laws
Local governments are free to pass their own gun control laws in addition to any existing laws at the federal and state levels. Some states prohibit local governments from passing laws about specific things-including guns. This is known as preemption.
Conclusion
This piece dissects the ammunition and firearms laws that apply in the state of Montana. To do so, the piece starts off with the ammunition laws of MT with an aim to explain the process of having ammunition shipped to a residential address in Montana. Then, the piece delves into the firearms laws, first examining the purchase process, and then the laws that govern the carriage of firearms in the state. To wrap things up, the piece ends with some resources that we think would be useful for people who are interested in buying, owning, and carrying guns and ammo in Montana.
Nothing in this piece should be construed as legal advice. Instead, we hope that the information here helps you to think through and make your own, better-informed decisions.
Montana is one of the many states that have preemption: this means that the state government has declared that localities such as towns, cities, and counties cannot make or enforce firearms laws that are stricter than those at the state level. Preemption makes life as a gun owner in Montana simpler: once you understand the state’s gun laws, that understanding applies everywhere in the state. Basically, preemption is a legal standard stating that localities have to follow the state’s lead in terms of firearms and ammo laws.
Montana is one of the most permissive states in the country in terms of firearms ownership. There are no major bans on ammunition or types of firearms, and the process to carry a firearm in the state is very simple. These things, combined, make Montana an exceptionally permissive state when it comes to firearms and ammo.
Ammo Laws/Buying Ammo in Montana
First, we will cover the ammo laws in MT.
Montana is extremely permissive in terms of its ammunition laws: there are no major ammunition bans at the state level. Thus, purchasing ammunition in Montana follows the exact procedures that are outlined at the Federal level by the ATF.
To satisfy ATF requirements to purchase ammunition, buyers of ammo have to meet two sets of criteria. The first is an age requirement: buyers have to be eighteen years of age or older to buy ammo for long guns such as rifles and shotguns, and at least twenty-one to buy handgun ammo. Secondly, ammunition buyers cannot be prohibited persons: the ATF defines prohibited persons as people who have been convicted of felonies or domestic violence, people who have been adjudicated as mentally defective in court, or those who have been involuntarily committed to a mental health facility.
Assuming the age and prohibited person requirements are met, Montana is fine with ammunition being shipped to a residential address. Keep in mind that carriers can and do sometimes impose their own requirements. For example, a carrier might ask for an adult with a valid form of ID to be present to sign for any package containing ammunition.
Since Montana does not add many substantial laws of its own to the process of buying and owning ammunition, it is one of the most permissive states in the country in terms of ammo laws: it is totally possible to have ammunition shipped to a residential address in the state as long as the buyer meets federal requirements.
Gun Laws/Buying Guns in Montana
Next, we will do the same analysis for Montana’s gun laws.
Montana takes a similar attitude to gun laws when compared to its ammunition laws. The state does not ban magazines of any size, nor does it have an assault weapons ban that would prohibit firearms either by name or by a list of features. Similarly, the state is fine with folks owning NFA items such as machine guns, suppressors, and short-barreled rifles and shotguns.
The process of purchasing a firearm in Montana is governed by the federal guidelines. To purchase a firearm from a gun store in the state, the buyer should take both a valid form of ID and a form of payment to the store. From there, the FFL will ask the buyer to fill out Form 4473 to complete a background check and to make a record of the purchase.
As soon as the background check clears and payment has been processed, the gun owner is free to leave the store with their newly bought firearm. Montana does not have mandatory waiting periods, either. So, people can generally go home the same day with their firearms, unless there is some kind of issue with the information from Form 4473. Also, federal rules apply for things like suppressors, which still come with lengthy paperwork processing wait times directly from the ATF, though this is not a Montana-specific issue.
Montana does not require a permit to purchase firearms, and it does not mandate private sellers of firearms to conduct a background check. With that said, it is always wise to make sure if you are selling a firearm that the buyer is both old enough and not a prohibited person.
Carrying a firearm in Montana is a simple process, legally. As long as the person legally owns the firearm, Montana does not prohibit the carriage of that firearm, either openly or concealed, without a permit.
Like most states that allow permitless open and concealed carry, Montana does still offer its concealed carry permits to state residents. While this permit does not do much good within the state, it does allow Montana residents to legally carry firearms in states that recognize Montana’s permit. The permit is recognized fairly widely, so Montana residents who travel inside of the US would do well to get the Montana permit.
Every state has a list of places where it is generally forbidden to carry a firearm at all, and Montana is no exception. Montana’s list includes:
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Government offices
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Bars
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Mental health facilities
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Correctional facilities
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Airport terminals
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Federal property
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Military bases
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Private property with notice
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Schools depending on policy
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Court buildings
Such lists are extremely common even in the most permissive of states: Montana’s list is among the most permissive in the country.
Of note, Montana is home to many firearm and ammunition companies, including HSM Ammunition. The business-friendly climate and lack of additional firearm and ammo restrictions make Montana a great place for these companies to set up shop.
Overall, Montana is arguably the most permissive state in the country in terms of its firearms laws: the state does little to restrict buying, owning, and carrying firearms and ammunition within the state. Thus, most of the gun and ammo laws that are practically enforced in Montana come from the Federal level, which, due to the nature of Federalism, is the baseline for gun laws in the entire US.
Sales Tax on Guns/Ammo in Montana
Montana is one of the states that has no state sales tax, and many localities do not have their own additional sales taxes, even though they could legally impose them. It might well be worth shopping FFLs in a few different cities to find one that does not impose its own local taxes, as the 0% state tax rate is a fairly uncommon, and very much welcome, savings.
The state does not impose special taxes on firearms and ammunition: this is one of the most financially friendly states to firearms buyers as well.
More Resources:
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The ATF maintains a list of every FFL in the country, including those in Montana, and it can be used to find gun stores. Typically, gun stores are Type One or Type Two FFLs.
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Wheretoshoot.org is an excellent tool for finding convenient places to shoot: use the mileage, city, and zip code filters to find a range that works for you. Users can also add new ranges, and the information on the site is regularly checked for accuracy.
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There are a number of well-rated gun stores in the state.
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There is also a somewhat active subreddit for firearms owners in Montana.