Title 45, Title 45

(1) The application form must be readily available at the sheriff's office and must read as follows: CONCEALED WEAPON PERMIT APPLICATION To be completed by each person making application: RESIDENT OF MONTANA AT LEAST 6 MONTHS ( ) Yes ( ) No CITIZEN OF THE UNITED STATES ( ) Yes ( …

A permit to carry a concealed weapon may be revoked or its renewal denied by the sheriff of the county in which the permittee resides if circumstances arise that would require the sheriff to refuse to grant the permittee an original license. A decision to deny an applicant a rene…

The denial or revocation of a permit to carry a concealed weapon or refusal of a renewal is subject to appeal to the district court, which may consider and determine facts as well as law and which is not bound by any factual, legal, or other determination of the sheriff, and from…

A sheriff, employee of a sheriff's office, or county is not liable for damages in a civil action by a person or entity claiming death, personal injury, or property damage arising from alleged wrongful or improper grant of, renewal of, or failure to revoke a permit to carry a conc…

A person commits the offense of carrying a concealed weapon while under the influence if the person purposely or knowingly carries a concealed weapon while under the influence of an intoxicating substance. It is not a defense that the person had a valid permit to carry a conceale…

(1) Except for a person issued a permit pursuant to 45-8-321 or 45-8-312 or a person recognized pursuant to 45-8-329, a person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in portions of a…

(1) A concealed weapon permit from another state is valid in this state if: (a) the person issued the permit has the permit in the person's immediate possession; (b) the person bearing the permit is also in possession of an official photo identification of the person, whether on …

(Temporary) Exemption of concealed weapon permittee from federal handgun purchase background check and waiting period. A person possessing a concealed weapon permit or an enhanced concealed weapon permit is: (1) considered to have a permit constituting completion of the backgroun…

(1) "Destructive device", as used in this chapter, includes but is not limited to the following weapons: (a) a projectile containing an explosive or incendiary material or any other similar chemical substance, including but not limited to that which is commonly known as tracer or…

A person who recklessly or maliciously uses, handles, or has in the person's possession any blasting powder, giant or Hercules powder, giant caps, or other highly explosive substance through which any human being is intimidated, terrified, or endangered is guilty of a misdemeanor…

(1) A person who, with the purpose to commit a felony, has in the person's possession any destructive device on a public street or highway, in or near any theater, hall, school, college, church, hotel, other public building, or private habitation, in, on, or near any aircraft, ra…

(1) A person commits the offense of possession of explosives if the person possesses, manufactures, transports, buys, or sells an explosive compound, flammable material, or timing, detonating, or similar device for use with an explosive compound or incendiary device and: (a) has …

(1) A person commits the offense of possession of a silencer if the person possesses, manufactures, transports, buys, or sells a silencer and has the purpose to use it to commit an offense or knows that another person has such a purpose. (2) A person convicted of the offense of p…

Possession of a silencer that is not registered under federal law or of a bomb or similar device charged or filled with one or more explosives is prima facie evidence of a purpose to use the same to commit an offense.

(1) The purpose of this section is to establish a process for issuing proof of firearms qualifications to a resident of the state who is otherwise a qualified retired law enforcement officer as defined in 7-32-201, or a peace officer as defined in 46-1-202, under the Federal Law …

(1) A person commits the offense of possession of a sawed-off firearm if the person knowingly possesses a rifle or shotgun that when originally manufactured had a barrel length of: (a) 16 inches or more and an overall length of 26 inches or more in the case of a rifle; or (b) 18 …

(1) Except as provided in subsections (2) and (3), every person who willfully shoots or fires off a gun, pistol, or any other firearm within the limits of any town or city or of any private enclosure which contains a dwelling house is punishable by a fine not exceeding $25 or suc…

It is unlawful for a parent, guardian, or other person having charge or custody of a minor child under the age of 14 years to permit the minor child to carry or use in public any firearms, except when the child is accompanied by a person having charge or custody of the child or u…

(1) Any parent, guardian, or other person violating the provisions of 45-8-344 shall be guilty of a misdemeanor. (2) The county attorney, on complaint of any person, must prosecute violations of 45-8-344.

(1) A person commits the offense of possession of a stolen firearm if the person purposely and knowingly receives, possesses, conceals, stores, barters, sells, or disposes of a stolen firearm. (2) A person convicted of the offense of possession of a stolen firearm shall be impris…

(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), ownersh…

(1) Except as provided in subsection (2), local governments may not enact or enforce an ordinance, rule, or regulation that restricts or prohibits the ownership, use, possession, or sale of any type of knife that is not specifically prohibited by state law. (2) Subsection (1) doe…

The purpose of Chapter 3, Laws of 2021, is to enhance the safety of people by expanding their legal ability to provide for their own defense by reducing or eliminating government-mandated places where only criminals are armed and where citizens are prevented from exercising their…

It is the intent of the legislature to reduce or remove provisions of law that limit or prohibit the ability of citizens to defend themselves by restricting with prior restraint the right to keep or bear arms that the people have reserved to themselves in the Montana constitution…

The legislature declares and finds as follows: (1) Nowhere in Article X, section 9(2)(a), of the Montana constitution is any power granted to amend, suspend, alter, or abolish the Montana constitution, nor is any power granted to affect or interfere with the rights the people hav…

A person with a current and valid permit issued pursuant to 45-8-321 or 45-8-312 or recognized pursuant to 45-8-329 may not be prohibited or restricted from exercising that permit anywhere in the state, except: (1) in a correctional, detention, or treatment facility operated by o…

The board of regents and all university system employees subject to the authority of the board of regents are prohibited from enforcing or coercing compliance with any rule or regulation that diminishes or restricts the rights of the people to keep or bear arms as reserved to the…

(1) Except as provided in subsection (2), the board of regents and any unit of the university system may not regulate, restrict, or place an undue burden on the possession, transportation, or storage of firearms on or within university system property by a person eligible to poss…

Any person that suffers deprivation of rights enumerated under 45-8-353 through 45-8-358 has a cause of action against any governmental entity, as defined in 2-9-101.The cause of action must be filed in district court. If a person asserting a deprivation of rights prevails, the p…

In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the M…

(1) A person commits the offense of possession of a weapon in a school building if the person purposely and knowingly possesses, carries, or stores a weapon in a school building. (2) A parent or guardian of a minor commits the offense of allowing possession of a weapon in a schoo…

Sections 45-8-365 through 45-8-368 may be cited as the "Montana Federal Firearm, Magazine, and Ammunition Ban Enforcement Prohibition Act".

Sections 45-8-365 through 45-8-368 are done under the authority of the 2nd and 10th amendments to the United States constitution, Article II, section 12, of the Montana constitution, Montana's compact with the United States, and Printz v. U.S., 521 U.S. 898 (1997).

As used in 45-8-365 through 45-8-368, the following definitions apply: (1) "Federal ban" means a federal law, executive order, rule, regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, or a new and more restrictive interpretation of a law that e…

(1) A peace officer, state employee, or employee of a political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on firearms, magazines, or ammunition and is also prohibited from participating …

Sections 45-8-371 through 45-8-377 may be cited as the "Montana Firearms Liability Clarification Act".

It is the intent of the legislature to: (1) ensure that firearms manufacturers and sellers are not unfairly held liable for the criminal misuse of their products; (2) clarify and tighten the scope of the predicate exception to prevent its misuse and maintain the intended protecti…

As used in 45-8-371 through 45-8-377, unless the context clearly indicates otherwise, the following definitions apply: (1) "Firearm" means a weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, as defined in 18 U.S.C. …

It is unlawful for a person to bring a negligent marketing claim against a manufacturer or seller of firearms or ammunition unless all of the following conditions are met: (1) the marketing practice directly targeted individuals who are legally prohibited from owning firearms; (2…

(1) The predicate exception under the Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901, et seq., may not be interpreted broadly. A claim may only proceed if the specific statute cited as being violated: (a) explicitly regulates firearms or ammunition; and (b) provides cl…

(1) The attorney general is authorized to enforce the provisions of 45-8-371 through 45-8-377. (2) A person who brings a negligent marketing claim in violation of 45-8-374 is subject to: (a) dismissal of the claim; and (b) payment of reasonable attorney fees and costs incurred by…

(1) A manufacturer or seller harmed by a negligent marketing claim brought in violation of 45-8-374 may bring a civil action for damages and injunctive relief. (2) A plaintiff who prevails in an action brought pursuant to this section is entitled to recover reasonable attorney fe…

This part may be cited as the "Montana Street Terrorism Enforcement and Prevention Act".

As used in this part, the following definitions apply: (1) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts…

(1) A person commits the offense of use of threat to coerce criminal street gang membership if the person purposely or knowingly threatens a person under 18 years of age with physical violence on two or more separate occasions with the intent to coerce, induce, or solicit the min…

(1) (a) A person who is convicted of a felony that the person committed for the benefit of, at the direction of, or in association with any criminal street gang for the purpose of promoting, furthering, or assisting any criminal conduct by criminal street gang members shall, in a…