Montana Statewide Rule
Montana Firearms Local Preemption Statute
Key Facts
- Codified At
- Codified at MCA 45-8-351
- Bars Most
- Bars most local firearms regulation
- Limited Exceptions
- Limited exceptions for discharge and public buildings
- Applies To
- Applies to all Montana local governments
- Conflicting Ordinances
- Conflicting ordinances are void
Summary
Montana statute MCA 45-8-351 broadly preempts local governments from regulating the purchase, sale, ownership, possession, transportation, or transfer of firearms and ammunition.
45-8-351. Restriction on local government regulation of firearms. (1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.
Full Breakdown
Under MCA 45-8-351, the state legislature reserves authority over firearms regulation. Local governments, including counties, cities, towns, and consolidated city-county jurisdictions, are barred from enacting ordinances that regulate firearms beyond narrow exceptions. Local rules may only address discharge in densely populated areas, possession in publicly owned buildings used by local government employees, parks, or public assemblies, with limited exceptions. Any conflicting local ordinance is void.
Violations & Penalties
Local ordinances exceeding statutory authority are unenforceable; affected parties may sue to invalidate them and recover attorney fees in some cases.
Frequently Asked Questions
Can a Montana city ban open carry?
Can cities restrict firearms in city hall?
Sources
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