State Statute

MCA 45-8-316 Carrying concealed weapons. (1) Every person who carries or bears concealed upon his person a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife having a blade 4 inches long or longer, razor, not including safety razor, or other deadly weapon shall be punished by a fine not exceeding $500, or inprisonment in the county jail for a period not exceeding 6 months, or both. 

(2) A person who has previously been convicted of an offense, committed on a different occasion than the offense under this section, in this state, or in any other juristiction for which a sentence to a term of imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon his person any of the weapons described in subsection (1) shall be punished by a fine not exceeding $1,000 or imprisoned in the state prison for a period not exceeding 5 years, or both.

History: En. Sec. 1, Ch. 74, L. 1919; re-en. Sec. 11302, R.C.M. 1921; re-en. Sec. 11302, R.C.M. 1935; Sec. 94-3525; R.C.M. 1947; red... 94-8-210 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 36, Ch. 359, L. 1977; amd. Sec. 1, Ch. 411, L. 1977; R.C.M. 1947, 94-8-210.

45-8-317. Exceptions. (1) Section 45-8-136 does not apply to:

(a) any peace officer of the State of Montana or any other state who has the power to make arrests;
(b) any officer of the United States government authorized to carry a concealed weapon;
(c) a person in actual service as a member of the national guard;
(d) a person summoned to the aid of any persons named in subsections (1)(a) through (1)(c);
(e) a civil officer or the officer's deputy engaged in the discharge of official business;
(f) a probation and parole officer authorized to carry a firearm under 46-23-1002; 
(g) a person issued a permit under 45-8-321 or a person with a permit recognized under 45-8-329; 
(h) an agent of the department of justice or a criminal investigator in a county attorney's office;
(i) a person who is outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp or who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or any other outdoor activity in which weapons are often carried for recreation or protection; or
(j) the carrying of arms on one's own premises or at one's home or place of business.
(k) With regard to a person issued a permit under 45-8-321, the provisions of 45-8-328 to this section.  

Permitting Procedure for Obtaining a Concealed Weapons Permit

A. You must be at least 18 years of age and have been a resident of the State of Montana for at least 6 months. 

B. Any Criminal convictions per the Montana Codes may result in denial of the permit, or any ommissions of arrests and/or convictions may result in denial of the permit. 

C. It is REQURED BY LAW that you complete a certified firearms safety course before the application is submitted. EXAMPLE: Hunter's Safety, DD-214, or any other NRA Certified Instructed course. Proof of completion of such course can be a photocopy of certificate, an affidavit from the entity or instructor that conducted the course or a copy of any other document that attests to completion of the course & can be certified through contact with the entity or instructor that conducted the course. 

D. Applications for Concealed Weapons Permits will be taken by appointment only. You may schedule an appointment with the Detectives Division by calling 256-6941. 

E. Applications will be taken on Tuesday, Wednesday and Thursday,  between the hours of 9:00am and 11:00am. 

F. Return the application at the time of your scheduled appointment to the Detective Division, 219 N. 26th St. (Round Building).

G. Application fee for a new Concealed Weapons Permit is $55.00, and the fee for a Renewal is $30.00. This includes the $5.00 Administrative Research fee.  Please bring exact cash or a personal check. This fee is non-refundable. Fingerprinting and photographs will be taken at this time and no applications will be accepted without an appointment.

H. Please allow sixty (60) days for approval of your permit. A permit is valid for four (4) years. You will not be notified of your permits expiration. 

I. RENEWALS: Please be informed that renewals are handled in the same manner as a new application, however no references will be contacted. Fingerprints and photographs will be retaken and please allow sixty (60) days PRIOR to expiration of your current permit for renewals.