Montana Statewide Rule
Montana Vehicle Carry and Permitless Transport
Key Facts
- MCA 45-8-316 governs
- MCA 45-8-316 governs concealed weapon rules
- HB 102 (2021)
- HB 102 (2021) expanded permitless carry
- Vehicle transport generally
- Vehicle transport generally lawful for adults
- Local restrictions preempted
- Local restrictions preempted by MCA 45-8-351
- Federal and school-zone
- Federal and school-zone limits still apply
Summary
Montana law under MCA 45-8-316 generally allows adults to carry firearms in vehicles, with permitless concealed carry now extended to most public places under HB 102 (2021).
45-8-316 . Carrying concealed firearms -- exemption. (1) A person who carries or bears concealed upon the individual's person a firearm shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both. (2) A person who has previously been convicted of an offense, committed on a different occasion than the offense under this section, in this state or any other jurisdiction for which a sentence to a term of imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon the individual's person a firearm shall be punished by a fine not exceeding $1,000 or be imprisoned in the state prison for a period not exceeding 5 years, or both. (3) This section does not apply to a person eligible to possess a firearm under state or federal law.
Full Breakdown
MCA 45-8-316 historically restricted concealed carry of firearms in places including motor vehicles without a permit, but Montana adopted broad permitless carry reforms in 2021 (HB 102) that allow adults legally able to possess firearms to carry concealed in most public spaces, including motor vehicles. Loaded handguns and long guns may be transported in private vehicles by lawful possessors. Federal law, school zones, and certain restricted locations still apply. State preemption under MCA 45-8-351 prevents local governments from enacting more restrictive vehicle-carry rules.
Violations & Penalties
Carrying in restricted locations such as federal buildings, schools, or while prohibited from possession may result in misdemeanor or felony charges depending on the offense and circumstances.
Frequently Asked Questions
Can I carry a loaded handgun in my vehicle in Montana?
Do I need a permit to keep a gun in my car?
Sources
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