Montana Firearm Laws: A Buyer's Guide for 2026
Montana keeps its firearm code short. There is no permit to buy, no registry, no waiting period and, for most adults, no permit needed to carry concealed. Short does not mean there is nothing to know. Federal rules still govern every dealer sale, state law still fences off a handful of places, and the hunting regulations add a second rulebook on top. This guide walks through the pieces a Montana buyer actually runs into, with the official sources behind each one. If you are shopping, you can start with the catalog or read how this Montana gun shop ships to a dealer near you. General information, not legal advice; the law described here is current as of September 2026.
Buying from a dealer
Montana issues no purchase permit and no firearm owner card, and it does not register firearms. There is no state waiting period either, so when the background check comes back clear the transfer can finish the same day.
What you do at the counter comes from federal law. You fill out ATF Form 4473 and show current government photo identification, usually a Montana driver licence. The dealer then queries the FBI's National Instant Criminal Background Check System. Montana is not a point-of-contact state, so the dealer contacts the FBI directly instead of routing through a state agency.
Age at the counter
- Handgun from a dealer: 21 or older.
- Rifle or shotgun from a dealer: 18 or older.
- Ammunition: federal rules tie handgun ammunition to 21 and long gun ammunition to 18 when a licensed dealer sells it.
Private sales
Two Montana residents may sell to each other without a background check. Federal law still makes it an offence to transfer a firearm to someone you know or have reason to believe is prohibited, and any sale that crosses a state line has to run through a licensed dealer. Plenty of private buyers and sellers choose to meet at a dealer anyway and pay a transfer fee for the paper trail.
Who may not own a firearm
Montana follows the federal list of prohibited persons. That covers felony convictions, certain domestic violence convictions and restraining orders, unlawful users of controlled substances, people found mentally incompetent or committed by a court, and several other categories. Montana adds its own rules on restoring the right to possess after particular convictions. If your record is complicated, ask a Montana attorney before you place an order rather than after.
Carry: concealed and open
Open carry has been lawful in Montana for a long time. The concealed side changed in 2021, when the Legislature passed House Bill 102. MCA 45-8-316 still describes carrying a concealed firearm as an offence, but the section now says plainly that it does not apply to a person eligible to possess a firearm under state or federal law. In practice that means an adult who could legally buy the gun may carry it concealed with no permit, no course and no fee.
The state Department of Justice sets out the places that stay closed. Carrying concealed into a courtroom or a space controlled by a Montana court is unlawful unless the judge in charge allows it. Carrying into a public school building is unlawful unless the school board allows it. Federal offices and federal buildings are off limits under federal law. And under MCA 45-8-328, carrying concealed in a restricted state or local government office requires a Montana concealed weapon permit; without one, you cannot. Our guide to permitless carry and the sheriff's permit goes through that trade-off in detail.
University campuses
HB 102 also tried to strip the Board of Regents of authority over firearms on Montana University System campuses. That part was challenged and struck down, and the Board's own policy on campus security and firearms still governs who may carry at a state campus. Treat campus ground as restricted and read the current Board of Regents policy before you carry there.
Preemption: what a city may do
MCA 45-8-351 bars a county, city, town or consolidated local government from prohibiting, registering, taxing, licensing or regulating the purchase, sale, transfer, ownership, possession, transport, use or open carry of any weapon. Two narrow exceptions survive. A city or town may regulate the discharge of rifles, shotguns and handguns inside its limits, which is why shooting in a residential neighbourhood is usually a municipal offence. And a local government may act against unpermitted concealed carry, or open carry, in a publicly owned and occupied building. The same section protects lawful gun shows and the transport of firearms through any jurisdiction.
Vehicles, storage and transport
Montana has no prohibition on carrying a weapon in a motor vehicle, which is a plain statement from the Department of Justice and one of the more commonly misunderstood points. There is no state requirement that a handgun in a car be unloaded, cased or locked away. That said, hunting regulations restrict loaded firearms in some settings, tribal land inside reservation boundaries has its own rules, and crossing into another state puts you under that state's law immediately. Plan the route, not just the trip.
Where hunting law takes over
Fish, Wildlife and Parks writes a second layer that catches a lot of new owners by surprise. For game animals, FWP lists rifles, handguns, shotguns loaded with slugs or 0 and 00 buckshot, muzzleloaders, archery equipment and crossbows as lawful, with no caliber limit and no magazine or round capacity limit. Illuminated reticles, built-in rangefinding scopes and red dot sights are all lawful for game animals. A suppressor may be used while hunting if it is registered with ATF.
Some districts are weapons restriction areas, where only archery gear, crossbows, traditional handguns under specific limits, certain muzzleloaders or shotguns are allowed. Firearm hunters must wear at least 400 square inches of hunter orange above the waist under MCA 87-6-414, with an exception for bowhunters in the archery-only season. Hunting hours run from half an hour before sunrise to half an hour after sunset. If you are heading out on public ground, read our guide to Block Management and public access first.
Buying online and shipping to a dealer
A firearm ordered online cannot come to your door. It ships to a licensed dealer you choose, and you complete Form 4473 and the background check there before taking it home. That is federal law, not a store policy, and it applies the same way in Billings as it does in Jordan. Ammunition, optics, magazines, holsters and parts ship straight to your address where law allows.
Call or email the receiving dealer before you order. Ask what they charge for a transfer, whether they want the invoice sent ahead, and what hours they run paperwork. A dealer who is expecting your package is the difference between a ten minute pickup and a second trip across the county.
Sources to keep handy
- Montana Code Annotated Title 45, Chapter 8, Part 3 for the weapons statutes.
- The Montana Department of Justice concealed weapons page for carry and reciprocity.
- The current FWP Deer, Elk and Antelope regulations for lawful weapons, hunter orange and weapons restriction areas.
- Your county sheriff's office for local restrictions and permit paperwork.
Rules change between legislative sessions and between commission meetings. Check the statute and the current regulations before you act on anything here.
General information, not legal advice. Current as of September 2026. Laws change; check the official source before you act.
