When is Concealed Carry Really Concealed Carry in Montana?

When is Concealed Carry Really Concealed Carry in Montana?

Montana Shooting Sports Association
Montana Shooting Sports Association

Missoula, MT –-(Ammoland.com)- An MSSA member asked me to clarify where and how what sort of carry is legal in Montana, since the Governor vetoed HB 271.

If you want to know about all the gun laws in Montana, get my book, Gun Laws of Montana.

First, the definition of “concealed” for concealed weapons in Montana is not a dictionary definition as in hidden from view. Rather, the definition is specified in law as “wholly or partially covered by clothing or wearing apparel.”

Thus, under the seat of your car (in Montana – different in other states), in the console between the seats, in the glove box, in a backpack, in a briefcase, and even in a woman’s purse are not considered to be “concealed” for the purpose of Montana concealed weapon law.

Under current law you may carry openly most places, regardless of city limits. You may carry concealed outside city limits without a permit. You may carry concealed inside city limits without a permit in your home or place of business (presumably with your employer’s permission).

You may also carry concealed inside city limits without a permit if you are a person “who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection;”, says current law.

So, if you are inside city limits, outside your home or place of business, and not doing one of the list of outdoor things exempted in the law, and have a firearm “wholly or partially covered by clothing or wearing apparel,” you must have a concealed weapon permit to be legal.

Gary Marbut, president
Montana Shooting Sports Association
www.mtssa.org
author, Gun Laws of Montana
www.mtpublish.com

About Montana Shooting Sports Association:
MSSA is the primary political advocate for Montana gun owners. Visit: www.mtssa.org

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B J Fowlkes

what is the best CCW Insurance for use in Montana?

Stac

Arleen, I agree! Oh my gosh too funny! I need to get my cwp and have my hunters safety cert but I do always pack in my purse. I’m really unsure what I’d say to an officer if I ever get pulled over. “Um, I don’t have a cwp but I have a hand gun”… I don’t want to get arrested for silliness, but feel it’s my right during travels, outdoors activities and sometimes even in general population if something or someone wanted to eat, rape, butcher me or my kids, I have a right to shoot it. The cwp… Read more »

Arleen Cobler Turk

I think that it is smart to carry at all times. Especially since I have personally witnessed a rag head on a parking lot in Missoula rolling out his rug to do his afternoon prayers. They are like the klungons of earth. Don’t trust them and don’t turn your backs on them EVER!
Don’t like my comments then fuck odd.

robert

To play a bit on words here would it be safe to assume if i wanted to conceal carry and not get a license (for any reason) in the city all i have to do is strap a backpack on , conceal it on my person and say ” i am hiking within city limits ” which can include the mall , bus stops, home etc? Would seem reasonable to come to that conclusion since backpacking isnt always done outside city limits. I have seen many people backpack in the city in Missoula. I guess we can safely assume if… Read more »

C. Copeland

“..in a backpack, in a briefcase, and even in a woman’s purse are not considered to be “concealed” for the purpose of Montana concealed weapon law.”

Um, there seems to be a distinct difference of opinion between you and the Montana Department of Justice here:

“If you do not have a CWP it could be considered a violation of the law for you to conceal a gun in a purse or backpack” (from: https://dojmt.gov/features/frequently-asked-firearms-questions/)

You could really get someone in trouble here, Gary.

Jason Smith

According to MT crime statistics which does not deliniate if the weapon was carried in purse, backpack, etc. This is a non-issue, less than 100 cimes / yr (avg) in the whole State of Montana have to do w/ illegally carrying a concealed weapon:
https://mtibrsrp.mt.gov/public/View/RSReport.aspx?ReportId=76

Joseph Murphy

That doesn’t actually make it a “non-issue”. Citizens should be advised that this is an obvious grey area that, most likely, would be determined by a responding officer and/or a DA.

“wholly or partially covered by clothing or wearing apparel.”

It wouldn’t be a very fair legal stretch to call a purse or a backpack “wearing apparel”. Therefore, I would error on the side of a CWP. Otherwise, put it on your hip and make sure is not obstructed by any clothing or item.

J. Kevin Hunt

Excellent summary of Montana statutory firearm carry laws for those lawfully permitted to possess firearms.

chuck satterlee

when is your next class for concealed carry.

Arleen Cobler Turk

I think that it is smart to carry at all times. Especially since I have personally witnessed a rag head on a parking lot in Missoula rolling out his rug to do his afternoon prayers. They are like the klungons of earth. Don’t trust them and don’t turn your backs on them EVER!