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Purchase of Firearms-Montana

The constitution of Montana reads as “the right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.[i]

Purchase of any rifle, shotgun or handgun in the state of Montana does not require a state permit.  In order to obtain a concealed weapons permit, a person must have been a Montana resident for at least six months, be a U.S. citizen and at least 18 years old.  An application for a concealed weapon permit can be obtained from the local county sheriff’s office.

Apart from its own, state of Montana recognizes concealed weapons permits from some other states also.  A non-resident of Montana has to meet the following criteria to carry a concealed weapon:

  1. The state that issued his/her concealed weapon permit must have conducted a criminal records background check before issuing a permit.
  2. The permit must be in the holder’s possession.
  3. The permit holder must have valid photo identification.

A sheriff or other peace officer retiring from service and is eligible for retirement benefits may request to purchase firearms that have been issued to the sheriff or peace officer and that are legal for a private citizen to possess.  Upon acceptance of the request, the parties shall agree on a purchase price, not exceeding the fair market value[ii].

It is a crime if a person purposely or knowingly purchases a firearm after the person has been convicted of a felony for which the person received an additional sentence under 46-18-221.  It is also unlawful to purchase firearms by an offender under the law of another state or of the United States that is equivalent to an offense if committed in Montana is subject to an additional sentence under 46-18-221.  Any person convicted of unlawful possession of a firearm shall be imprisoned in a state prison for not less than 2 years or more than 10 years[iii].

Primary government offices that deal with issues relating to firearms are:

Montana Highway Patrol

2550 Prospect Ave.

P.O. Box 201419

Helena, Montana 59620-1419

Phone: (406) 444-3780

Fax: (406) 444-4169

Montana Attorney General

P.O. Box 201401

Helena, Montana 59620-1401

Phone: 406-444-2026

Fax: 406-444-3549

contact:doj@state.mt.us


[i] Mont. Const., Art. II § 12

[ii] Mont. Code Anno., § 7-32-305

[iii] Mont. Code Anno., § 45-8-313


Inside Purchase of Firearms-Montana