• 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 OC

M&P carrier

Newbie
Joined
Nov 4, 2014
Messages
4
Location
Montana
I am new to OC and am waiting on my CC. I am aware of almost all gun laws especially when it comes to CC. I am aware in some locations that you are not allowed to OC a loaded gun, magazine and cartridges must not be in the gun, while others locations do allow loaded OC. I do not know where Montana stands on this issue, the law does not (to the best of my knowledge) state anything about a loaded OC, which means that it is legal, but I may have missed something. Thanks for your replies!
 

J_dazzle23

Regular Member
Joined
Dec 4, 2013
Messages
643
From what I understand, I thought montana state law prohibited carry in banks. Could be wrong.
 

M&P carrier

Newbie
Joined
Nov 4, 2014
Messages
4
Location
Montana
Banks and any federal buildings, or any area used for federal purposes, but my concern is if I can have my side arm loaded while OC. Because i know that some places Prohibit this.
 

moonie

Regular Member
Joined
Sep 13, 2010
Messages
251
Location
High Point NC
Banks and any federal buildings, or any area used for federal purposes, but my concern is if I can have my side arm loaded while OC. Because i know that some places Prohibit this.
That's a shame, perfectly legal to carry in Banks here in NC.
 

acmariner99

Regular Member
Joined
Feb 12, 2010
Messages
659
Location
Renton, Wa
Places off limits to carry in Montana are governed by Montana Code 45-8-328 which says:

(1) 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:

(a) portions of a building used for state or local government offices and related areas in the building that have been restricted;

(b) a bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours. It is not an offense under this section to carry a concealed weapon while:
(i) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or
(ii) at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services.

(c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.

Notice it says CONCEALED carry is banned in these locations. Open carry is allowed. Bear in mind Montana's preemption statute Montana Code 45-8-351:

(1) Except as provided in subsection (2), no county, city, town, consolidated local government, or other local government unit may 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 concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.
(b) Nothing contained herein shall allow any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others, nor shall anything contained herein prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.

Montana cities can govern carry in locally owned parks, buildings, schools, and public assemblies.

Outside city limits, you can carry however you want w/ no permit required. If inside city limits, you need a permit to carry concealed, which Montana defines as "wholly or partially covered by clothing" per MC 45-8-315. Carrying in a glove box, console, encased, or on your person and not covered by clothing all do not meet the definition of concealed.

Hope this helps
 
Last edited:

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,337
Location
Nevada
Banks and any federal buildings, or any area used for federal purposes, but my concern is if I can have my sidearm loaded while OC. Because i know that some places Prohibit this.
Please check your wording. It's important. What are you calling "any area used for federal purposes?" Are you including National Parks, for example?

You are probably thinking of "federal facilities" which are the buildings where federal employees conduct their business. So, for example, unless prohibited by state law, which I doubt, you can carry all throughout Glacier National Park except for the visitor centers and ranger stations, and stuff like that.
 

wittmeba

Regular Member
Joined
Aug 9, 2014
Messages
143
Location
New Castle, Va
What caught my attention is the drive up window or automatic teller machines. These are places I would want to be sure to be able to protect myself.
 
Top