Montana Gun Laws 2026

Complete guide to firearms laws in Montana.

Last updated: 2026-03-14

This content is for informational purposes only and does not constitute legal advice. Gun laws change frequently. Consult a licensed attorney in Montana for guidance.

Quick Reference

Permit to Purchase
Not required
Background Check
Federal NICS for FFL sales; private sales exempt
Waiting Period
None
Open Carry
Permitted without permit
Concealed Carry
Permitless (Constitutional Carry)
Assault Weapon Ban
No
Magazine Limit
No limit
Red Flag Law
No

Complete Guide

Purchasing a Firearm in Montana

Montana does not require a special permit or license to purchase a firearm. Buyers must be at least 18 years old for long guns (rifles and shotguns) and 21 for handguns when purchasing from a licensed dealer, in accordance with federal law. All buyers must be able to pass a background check and must not be a prohibited person under federal or state law.

For purchases from Federal Firearms Licensees (FFL dealers), a background check through the federal NICS system (or a state equivalent) is required. Private sales between individuals are not required to go through a background check under Montana law, although federal law still prohibits selling to a person you know or have reason to believe is a prohibited person.

Montana does not impose a waiting period on firearm purchases. Once the background check is completed and approved, the buyer may take immediate possession of the firearm. This applies to both handguns and long guns purchased through licensed dealers.

Concealed Carry in Montana

Montana has permitless (constitutional) carry. Montana allows permitless carry, meaning anyone who is legally allowed to possess a firearm and meets the minimum age requirement may carry a concealed handgun without obtaining a permit or license. This is sometimes called "constitutional carry." The state still issues carry permits for those who want them, primarily for reciprocity benefits when traveling to other states.

Concealed carry permit holders (where applicable) should be aware of restricted locations where carry is prohibited regardless of permit status. These typically include federal buildings, courthouses, schools and school zones, polling places on election day, and any private property where firearms are prohibited by the owner. Posted signage requirements vary by state — in Montana, always look for posted signs at building entrances.

Open Carry Laws

Open carry of firearms is legal in Montana. No permit is required to openly carry a firearm. Open carry refers to carrying a firearm in a manner that is visible to others, such as in a belt holster. While legal at the state level, some municipalities or specific locations (government buildings, schools, courthouses) may restrict open carry. It is important to be aware of local ordinances and posted signage.

Assault Weapons and Magazine Restrictions

Montana does not have an assault weapons ban. Semi-automatic firearms of all types may be legally purchased, possessed, and carried (subject to general firearms laws). There are no state-level restrictions on specific firearm features such as pistol grips, adjustable stocks, or flash suppressors.

Montana does not restrict magazine capacity. There are no limits on the number of rounds a magazine may hold. Standard-capacity and high-capacity magazines of any size may be legally purchased and possessed.

Red Flag Law

Montana does not have a red flag law (Extreme Risk Protection Order). There is no legal mechanism for family members or law enforcement to petition a court to temporarily remove firearms from an individual based on perceived risk. Firearms may only be seized through standard criminal proceedings or existing mental health commitment processes.

Gun Show Regulations in Montana

Gun shows in Montana follow the same laws that apply to all firearm sales. Licensed dealers (FFLs) at gun shows must conduct background checks on all purchases, just as they would at their retail location. Private sellers at gun shows who are selling from their personal collection are not required to conduct background checks under state law, although they may not knowingly sell to a prohibited person. Gun shows typically require all firearms brought in for sale to be unloaded and secured with cable ties or similar safety devices. Individual show promoters may set additional rules.

FFL Transfer Rules

When purchasing a firearm online, the firearm must be shipped to a Federal Firearms Licensee (FFL) in Montana for the transfer. The buyer then completes the standard Form 4473 and background check at the FFL's location. FFL transfer fees in Montana typically range from $20 to $75 per firearm. Use our FFL dealer directory to find transfer-friendly dealers near you.

Key Considerations for Montana Residents

Montana is one of the growing number of states that has adopted permitless carry, reflecting a trend toward fewer restrictions on the right to carry firearms. Gun owners should stay informed of any legislative changes, as firearms laws are frequently updated. The information on this page reflects the law as of 2026, but laws can change at any time. Always consult the full text of current state statutes or a licensed attorney in Montana before making legal decisions based on this guide.

For more information on firearms in Montana, visit our FFL dealer directory for Montana, browse upcoming gun shows in Montana, or check the concealed carry reciprocity map to see which states honor Montana's carry permits.

Key Statutes & Citations

  • Mont. Code Ann. § 45-8-301 — Carrying Concealed Weapons
  • Mont. Code Ann. § 45-8-321 — Permit to Carry Concealed Weapon
  • Mont. Code Ann. § 45-8-344 — Unlawful Possession of Firearm by Convicted Felon
  • Mont. Code Ann. § 45-8-351 — Restriction on Local Government Regulation of Firearms
  • Mont. Code Ann. § 45-8-361 — Possession or Allowing Possession of Weapon in School Building

What Changed in 2026

No significant firearms legislation was enacted in Montana during the 2026 legislative session. The state's gun laws have remained largely unchanged since the passage of the Montana Firearms Freedom Act in 2009, which exempted firearms manufactured and retained in Montana from federal regulations.

Legislative Landscape

Montana has maintained a pro-gun rights stance, with the state legislature consistently passing legislation to expand firearm freedoms. In recent years, the state has enacted permitless carry and preempted local governments from enacting stricter gun laws than the state.

Buying a Handgun

In Montana, individuals must be at least 18 years old to purchase a handgun. No permit is required, and private party sales are exempt from background checks. The federal National Instant Criminal Background Check System (NICS) is used for all handgun purchases from licensed firearms dealers.

Buying a Rifle or Shotgun

The rules for purchasing a rifle or shotgun in Montana are similar to those for handguns. Individuals must be at least 18 years old, and no permit is required. Private party sales are exempt from background checks, but the federal NICS is used for purchases from licensed dealers.

Private Sales

Montana does not require a background check or any other state-specific requirements for private party sales of firearms. Individuals can sell or transfer firearms to other Montana residents without involving a licensed dealer or conducting a background check.

Permits & Licensing Details

Montana does not require a permit to carry a concealed firearm. However, the state offers a concealed weapon permit that can be obtained through an application process and background check. This permit is useful for obtaining reciprocity with other states that recognize Montana's permit.

The permit application process includes a background check, fingerprinting, and a $55 fee. Permits are valid for 5 years and can be renewed.

Carrying in a Vehicle

In Montana, individuals may carry a loaded, concealed handgun in a vehicle without a permit. Long guns, such as rifles and shotguns, may also be transported in a vehicle, whether loaded or unloaded, and with or without a permit to carry concealed.

No-Carry Zones

In Montana, firearms are generally prohibited in the following locations, even with a concealed carry permit:

  • Schools and school grounds
  • Legislative assemblies
  • Courtrooms and court offices
  • Polling places on election days
  • Parts of state and local government buildings designated as a security screening checkpoint

Shipping & FFL Transfers

Firearms purchased or received from out-of-state must be transferred through a licensed federal firearms dealer (FFL) in Montana. The FFL will conduct a background check and collect any applicable state fees. There are no additional state-specific requirements beyond the federal laws governing interstate firearm transfers.

Revision History

  • 2026-03-14 — Comprehensive content update: added statute citations, vehicle carry rules, no-carry zones, permit details, buying rules by firearm type, and shipping/transfer notes.

Concealed Carry Reciprocity

Montana has permitless carry and honors permits from 43 states.

View all 43 states →

Reciprocity agreements change frequently. Verify current recognition with your state attorney general before traveling with a firearm.

Full reciprocity map →

Frequently Asked Questions

Do I need a permit to buy a gun in Montana?

No. Montana does not require a permit or license to purchase a firearm.

Is Montana a permitless carry state?

Yes. Montana allows permitless (constitutional) carry. Anyone who can legally possess a firearm may carry concealed without a permit.

What is the waiting period for buying a gun in Montana?

Montana has no waiting period. Once the background check is approved, the buyer may take immediate possession.

Can I openly carry a firearm in Montana?

Permitted without permit

Does Montana have a red flag law?

No. Montana does not currently have a red flag law.

Does Montana ban assault weapons or limit magazine capacity?

No. Montana does not ban assault weapons. There are no magazine capacity restrictions.