Carry Permit Limitations

January 11, 2016

Montana Code Annotated 2015
45-8-328. Carrying Concealed Weapon in Prohibited Place
No person shall be allowed to carry a concealed weapon in the following places:
• Facilities used by the state or local government officials for meetings and other activities
• Bank, savings and loan institution during business hours
• Restaurant serving alcoholic beverages
Off limits places apply for everyone even those with carry permits. A person who is charged with unlawful carrying of concealed weapon will be imprisoned for not more than 6 months or will pay an amount of not more than $500, or both.

 45-8-339. Carrying Firearms on Train
Carrying and transporting of weapons in a train within the state of Montana is not allowed unless the management of the railroad authorized a person to do so. Violation of the law may result to a punishment of $500 fine, or imprisonment of not longer than 6 months, or both.

45-8-361. Possession or Allowing Possession of Weapon in School Building – Exceptions – Penalties – Seizure and Forfeiture or Return Authorized – Definitions.
Carrying and storing of firearms in a school building is prohibited. A parent or guardian who allows a minor student to possess a firearm within the school campus shall be charged with the offense of allowing possession of weapon in school building.

Under this section, law enforcement officers and trustees who were given permission in advance are exempted.

Violation of this law may result to a punishment of $500 fine, or imprisonment of not more than 6 months, or both. The weapon subjected on the criminal offense may be confiscated by state. Upon conviction, the weapon may either be turned over to the state or the lawful owner. Stolen weapons shall be returned to the original owners.

The following terms are defined in this section:
• “School building” refers to all buildings used by a local school district for the curricular, co-curricular and extracurricular activities of the students. Home schools are not included in this term.
• “Weapon” refers to a firearm, knife, sword, razor, knuckles with metal blade or other deadly weapons possessed by a person.
45-8-351. Restriction on local government regulation of firearms.
Cities and towns are allowed to establish regulations to prohibit the discharge of firearms and restrict carrying of concealed or unconcealed weapons to a public place where an assembly will be held, public parks and schools. They may also prohibit individuals with mental disorders and minors from owning firearms.

Displaying of firearms as part of a public occasion, exhibit or show should not be prohibited as long as they are legitimate.

45-3-103. Use of Force in Defense of Occupied Structure.
Section 6. Landlords and Tenants – No Firearm Prohibition Allowed.
Landlords should not prohibit the tenants of their property from lawful carrying or transporting firearms within their premises. Discharge of firearms may be prohibited except for self-defense purposes.