Montana Carry Laws

Prohibited Places - Where You Cannot Carry

Montana: Purposely and knowingly possessing, carrying, or storing a weapon in a school building is an offense (up to $500 and/or 6 months; school trustees may grant advance permission), per MCA 45-8-361. Carrying a concealed weapon in restricted portions of buildings used for state or local government offices is prohibited only for carriers WITHOUT a permit — permit holders are expressly excepted, per MCA 45-8-328.

PROHIBITED PLACES - WHERE YOU CANNOT CARRY
Montana

Montana: Purposely and knowingly possessing, carrying, or storing a weapon in a school building is an offense (up to $500 and/or 6 months; school trustees may grant advance permission), per MCA 45-8-361. Carrying a concealed weapon in restricted portions of buildings used for state or local government offices is prohibited only for carriers WITHOUT a permit — permit holders are expressly excepted, per MCA 45-8-328.
Authority: Mont. Code Ann. § 45-8-361 (weapons in school buildings); § 45-8-328 (concealed weapon in prohibited place).

Constitutional Carry - No Permit Required

Montana allows permitless concealed carry statewide for anyone 18+ who can legally possess a firearm.

Montana expanded to statewide constitutional carry in 2021 (HB 102). Anyone eligible to possess a firearm under state or federal law (generally 18 or older) may carry concealed without a permit, subject to the restricted places below. Prohibited places: restricted portions of buildings used for state or local government offices (MCA §45-8-328), school buildings unless the district trustees grant permission (MCA §45-8-361), and places restricted by federal law. Banks and rooms where alcoholic beverages are sold were removed from the state list by HB 102 in 2021. The operative permitless-carry provision is MCA §45-8-316(3); the former exception section, MCA §45-8-317, was repealed by Sec. 12, Ch. 3, L. 2021. CWP available for reciprocity.

Duty to Inform - None

Montana: No statutory duty to inform an officer you are carrying, to answer if asked, or to present a permit on demand — nothing in MCA Title 45, ch. 8, part 3 or MCA 46-5-401 imposes one.

DUTY TO INFORM LAW ENFORCEMENT
MONTANA

Montana: No statutory duty to inform an officer you are carrying, to answer if asked, or to present a permit on demand — nothing in MCA Title 45, ch. 8, part 3 or MCA 46-5-401 imposes one.

Authority: Absence of any duty in MCA Title 45, ch. 8, part 3 (Weapons, §§ 45-8-301 to 45-8-330 — full section index reviewed; 45-8-321 permit statute fetched, no inform/display clause) and MCA 46-5-401(2)(a) (officer MAY request an explanation; no answer duty imposed).

No Magazine Capacity Limit

Montana has no state-level magazine capacity restrictions. Standard and extended magazines are legal.

MAGAZINE CAPACITY RESTRICTIONS
MONTANA LAW
No state restrictions on magazine capacity.
FEDERAL FACILITIES
Note: Some federal facilities may have their own restrictions regardless of state law.

No Red Flag Law

Montana: No red flag (ERPO) law is in effect as of February 2026.

RED FLAG / EXTREME RISK LAW
Montana

Montana: No red flag (ERPO) law is in effect as of February 2026.

Authority: no extreme-risk (ERPO) statute in the state code as of February 2026; Johns Hopkins National ERPO Resource Center state tracker.

No-Carry Signs - Not Criminal to Ignore

Montana: no statute gives private 'no firearms' signs force of law — an owner's remedy is removal, with criminal trespass (MCA 45-6-203, up to 6 months/$500) only if you refuse to leave; concealed carry in restricted areas of government office buildings is separately a misdemeanor (MCA 45-8-328) regardless of signs.

"NO FIREARMS" SIGN LAW
MONTANA

Montana: no statute gives private 'no firearms' signs force of law — an owner's remedy is removal, with criminal trespass (MCA 45-6-203, up to 6 months/$500) only if you refuse to leave; concealed carry in restricted areas of government office buildings is separately a misdemeanor (MCA 45-8-328) regardless of signs.

Authority: MCA 45-8-328 (only place-restriction: restricted government office areas) and MCA 45-6-203 (criminal trespass, 6 months/$500); no sign statute.

Stand Your Ground - No Duty to Retreat

Montana: Stand Your Ground state. No duty to retreat before using force in self-defense anywhere you have a legal right to be.

STAND YOUR GROUND - NO DUTY TO RETREAT
Montana

Montana: Stand Your Ground state. No duty to retreat before using force in self-defense anywhere you have a legal right to be.
Authority: Montana Code Annotated §45-3-110 (No duty to summon help or flee).

Vehicle Carry - Loaded Firearms Allowed; No Duty to Inform

Montana: Constitutional-carry state - eligible adults may carry loaded firearms in vehicles without a permit, and no Montana statute requires informing an officer you are armed or displaying a permit on demand (MCA 45-8-316, 45-8-321).

VEHICLE CARRY - LOADED FIREARMS ALLOWED; NO DUTY TO INFORM
Montana

Montana: Constitutional-carry state - eligible adults may carry loaded firearms in vehicles without a permit, and no Montana statute requires informing an officer you are armed or displaying a permit on demand (MCA 45-8-316, 45-8-321).

Authority: Montana Code Annotated §45-8-316 (Carrying concealed weapons).