• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Montana Gun Laws

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,309
Location
Montana
so, KB, then from your snipe, Montana now has 'constitutional carry' in place, including with "public buildings" being off limits!
remember folks believe everything post are absolutely correct & true...

Montana does not have permitless carry (constitutional carry) in place, like I said before I am waiting until its signed by the governor. Never did I ever claim anything otherwise. As soon as its signed by the governor then it will be official and can be cited. I'm curious have you looked up the text of HB102, I suspect not and your just stirring the pot which is fine.

No, not the case at all. slapmonkay is attempting to sell crumbs as a whole loaf of bread. The problem is he actually believes those crumbs is whole loaf of bread.

I'm curious which type of loaf of bread am I selling?
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,177
Location
here nc
Your cite MCA 45-8-351 right now!
2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction.

my cite:

Now please note the direct cite of the authorized HB 102 awaiting Governor's signature you're so excited about with the same stanza included...as previously stated, the ONLY BLOODY change is the deletion of paragraph "c" And paragraph 2(a) is left intact restricting MT firearm carrying citizens restricted in public owned buildings!

Section 11. Section 45-8-351, MCA, is amended to read:
"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.

(2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction.

(b) Nothing contained in this section allows any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others or to prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.

(c) A local ordinance enacted pursuant to this section may not prohibit a legislative security officer
25 26 27 28
who has been issued a concealed weapon permit from carrying a concealed weapon in the state capitol as provided in 45-8-317."



slapmonkey...there is no change to paragraph 2(a) in the works!

PERIOD!
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,309
Location
Montana
@solus

So you're talking about HB102, not LR130.

LR130 just went into effect Jan 1 2021 and was the subject of my updates. It has changes to (2)(c).

LR130 link: https://sosmt.gov/wp-content/uploads/LR-130.pdf

HB102 is not yet final and has no substantial changes to that section.

Like I said several times now... I only posted official changes related to LR130 and am still working on updates related to HB102 for when it's official.

HB102 IS something to be excited about, just read the text in the pdf previously provided. Permitless carry, campus carry, etc. Note: while reading HB102: amendments to the bill process show as underlines and strikes so you have to look at the bills full text not just strikes and underlines, look closely. Look at section headers 'amends' and 'new section's, etc.

Permitless carry, see section 9 of HB102.
 
Last edited:

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,728
Location
Cincinnati, Ohio, USA
I would absolutely LOVE to see your cite that says it's a violation of an MCA to 'place a loaded gun in console' within a vehicle.

I'll wait...

I'll save you the time, there are none. In fact, 'loaded' is never defined or referenced in MT gun laws and the Montana DOJ website specifically states:


Also, feel free to look up the definition of 'concealed', it might be enlightening to you.

Never mind, ill do it for you:
I'll be more precise. You cannot carry concealed on your person in your vehicle without a CCL. 45-8-315. Definition. "Concealed weapon" means a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon. Someone not having a CCL cannot carry concealed in a vehicle.
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,309
Location
Montana
I'll be more precise. You cannot carry concealed on your person in your vehicle without a CCL. 45-8-315. Definition. "Concealed weapon" means a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon. Someone not having a CCL cannot carry concealed in a vehicle.

I don't believe that was your original intent of your post and you are walking it back now...

However, what you said in the above post is correct. I would like to encourage you to look at the section 9 text in HB102.

HB102 is scheduled for the governor's signature on Monday and has an immediate effective date (except campus carry which is later this year).
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,728
Location
Cincinnati, Ohio, USA
I don't believe that was your original intent of your post and you are walking it back now...

However, what you said in the above post is correct. I would like to encourage you to look at the section 9 text in HB102.

HB102 is scheduled for the governor's signature on Monday and has an immediate effective date (except campus carry which is later this year).
That was my original intent, but HB 102's section 9 wording nullifies itself. part (1) of 45-8-316 makes it a crime to carry concealed, but part (3) says: "This section does not apply to a person eligible to possess a firearm under state or federal law." Both the state and federal constitutions, which is the law of the land, makes all persons eligible to possess a firearm. So, section (3) for the most part nullifies section (1). And, carrying concealed on your person in a vehicle may be a crime, but has no punishment.

Section 11 - 45-8-351(2) is partially unconstitutional as to unconcealed. Section 12 of the Montana constitution denies the state the authority to regulate open carry.
 
Top