45-8-321. Permit to Carry Concealed Weapon

1. Permit Issuance Requirements
   • The sheriff shall issue the permit within 60 days of application.
   • The permit is valid for 4 years from the date of issuance.
2. Applicant Eligibility
   1. Be a U.S. citizen or lawful permanent resident.
   2. Be at least 18 years of age.
   3. Hold a valid Montana driver’s license or state-issued photo ID.
   4. Have been a Montana resident for at least 6 months.
3. Mandatory Grounds for Denial
   1. Is ineligible under Montana or federal law to own, possess, or receive a firearm.
   2. Has been charged and is awaiting judgment for a crime punishable by 1 year or more.
   3. Has been convicted in any court of:
      1. A crime punishable by more than 1 year of incarceration.
      2. A crime (regardless of sentence) involving:
         • Intentional homicide
         • Serious bodily harm
         • Unlawful restraint
         • Sexual abuse
         • Non-consensual sexual intercourse or contact
   4. Has been convicted under 45-8-327 or 45-8-328 unless pardoned or 5 years have passed.
   5. Has a warrant out for arrest from any state or the federal government.
   6. Has been adjudicated an unlawful user of intoxicants and is under supervision or treatment.
   7. Has been adjudicated mentally ill/disordered/disabled and is still under a court order.
   8. Was dishonorably discharged from the U.S. armed forces.
4. Discretionary Denial by Sheriff
   1. Reasonable cause to believe the applicant is mentally ill/disordered/disabled.
   2. Applicant may pose a threat to peace and good order.
   3. If denied, sheriff must provide a written statement unless part of an active criminal investigation.
5. Firearm Familiarity Requirement
   1. Completion of a hunter education or safety course (MT or similar agency).
   2. Completion of a firearms safety or training course approved or conducted by:
      1. MT Fish, Wildlife & Parks
      2. Similar out-of-state agency
      3. National firearms association
      4. Law enforcement agency
      5. Institution of higher education
      6. Certified firearms instructor
   3. Completion of a law enforcement firearms course.
   4. Possession of a firearms license from another state requiring similar training.
   5. Proof of military qualification with firearms.
6. Proof of Firearm Familiarity
   1. Photocopy of course completion certificate.
   2. Affidavit from course provider or instructor.
   3. Other verifiable documentation from course provider.
7. Alternate Method of Demonstrating Familiarity
   1. Pass a physical test approved by the sheriff or delegated party.
8. Felons with Restored Rights
   1. Must not fall under 3.c.ii.
   2. Rights must be restored under Article II, section 28 of the Montana Constitution.
   3. Must meet all other eligibility requirements.

History: En. Sec. 1, Ch. 759, L. 1991; amd. Sec. 1, Ch. 408, L. 1995; amd. Sec. 3, Ch. 581, L. 1999; amd. Sec. 7, Ch. 332, L. 2009; amd. Sec. 9, Ch. 161, L. 2015; amd. Sec. 1, Ch. 171, L. 2017.

MCA 45-8-316 – Carrying Concealed Weapons

1. A person who carries or bears concealed upon the individual's person a firearm shall be punished by:
   1. A fine not exceeding $500;
   2. Imprisonment in the county jail for a period not exceeding 6 months; or
   3. Both fine and imprisonment.
2. A person who:
   1. Has previously been convicted of an offense (on a different occasion than the current one), in Montana or any other jurisdiction, for which a sentence of more than 1 year could have been imposed; and
   2. Carries or bears concealed upon the individual's person a firearm
   Shall be punished by:
   3. A fine not exceeding $1,000;
   4. Imprisonment in the state prison for a period not exceeding 5 years; or
   5. Both fine and imprisonment.

History: En. Sec. 1, Ch. 74, L. 1919; re-en. Sec. 11302, R.C.M. 1921; re-en. Sec. 11302, R.C.M. 1935; Sec. 94-3525, R.C.M. 1947; redes. 94-8-210 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 36, Ch. 359, L. 1977; amd. Sec. 1, Ch. 411, L. 1977; R.C.M. 1947, 94-8-210; amd. Sec. 1708, Ch. 56, L. 2009; amd. Sec. 2, Ch. 230, L. 2017.

MCA 45-8-318 – Possession of Deadly Weapon by Prisoner or Youth in Facility

1. A person commits the offense of possession of a deadly weapon by a prisoner if the person purposely or knowingly possesses, carries, or has under their custody or control (without lawful authority) a:
   • Dirk
   • Dagger
   • Pistol
   • Revolver
   • Slingshot
   • Sword cane
   • Billy
   • Knuckles made of metal or hard substance
   • Knife
   • Razor (excluding safety razors)
   • Other deadly weapon
   While the person is:
   1. A person committed to a state prison or incarcerated in a county jail, city jail, or regional jail and is:
      1. At a state prison, state prison farm or ranch, or jail;
      2. Being conveyed to or from a place listed above; or
      3. Under the custody of prison or jail officials, officers, or employees.
   2. A person in a youth detention facility, secure detention facility, regional detention facility, short-term detention center, state youth correctional facility, or shelter care facility (as defined in 41-5-103) and is:
      1. At the facility;
      2. Being conveyed to or from the facility; or
      3. Under the custody of facility officials, officers, or employees.
2. A person convicted of this offense shall be punished by:
   1. Imprisonment in the state prison for a term of not less than 5 years and not more than 15 years;
   2. A fine not exceeding $50,000;
   3. Or both imprisonment and fine.
3. The youth court has jurisdiction over violations of subsection 1(b) unless:
   1. The charge is filed in district court, in which case the district court has jurisdiction.

History: En. Sec. 1, Ch. 131, L. 1961; Sec. 94-3527.1, R.C.M. 1947; redes. 94-8-213 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-213; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 424, L. 1987; amd. Sec. 1, Ch. 168, L. 1997; amd. Sec. 78, Ch. 550, L. 1997; amd. Sec. 3, Ch. 491, L. 1999.

MCA 45-8-327 – Carrying Concealed Weapon While Under Influence

1. A person commits the offense of carrying a concealed weapon while under the influence if they:
   1. Purposely or knowingly carry a concealed weapon
   2. While under the influence of an intoxicating substance
2. It is not a defense that the person had a valid permit to carry a concealed weapon.
3. A person convicted of the offense shall be punished by:
   1. Imprisonment in the county jail for a term not to exceed 6 months;
   2. A fine not to exceed $500;
   3. Or both imprisonment and fine.

History: En. Sec. 7, Ch. 759, L. 1991; amd. Sec. 1710, Ch. 56, L. 2009.

MCA 45-8-328 – Carrying Concealed Weapon in Prohibited Place

1. A person commits the offense of carrying a concealed weapon in a prohibited place if they:
   1. Do not have a permit issued under 45-8-321 or recognition under 45-8-329;
   2. Purposely or knowingly carry a concealed weapon;
   3. In portions of a building used for state or local government offices and related restricted areas.
2. A person convicted of this offense shall be punished by:
   1. Imprisonment in the county jail for a term not to exceed 6 months;
   2. A fine not to exceed $500;
   3. Or both imprisonment and fine.

History: En. Sec. 8, Ch. 759, L. 1991; amd. Sec. 1, Ch. 572, L. 1999; amd. Sec. 2, Ch. 384, L. 2011; amd. Sec. 10, Ch. 3, L. 2021.