Results 1 to 6 of 6

Thread: OC on private property? Please answer quickly.

  1. #1
    Regular Member
    Join Date
    Aug 2012
    Location
    Montana
    Posts
    3

    OC on private property? Please answer quickly.

    Hey everyone, I was wondering if I am able to open carry on my own property? My parents bought a business, and so they are still busy running back and forth to and from town getting everything settled, so I am left alone to handle business with whomever may come through the door wanting to rent a motel room. I am 17 and I have both my parents permission to carry the handgun, .357 magnum, for protection. Am I within the law of Montana to OC the handgun on my own property/business? I am asking because I do fear for my safety as it is obvious that I am alone within the house and a lot of the times, people ask to see one of the motel rooms so I have to go and show them.

  2. #2
    Regular Member wmodavis's Avatar
    Join Date
    Apr 2012
    Location
    CO
    Posts
    109
    I suggest you go here and click on your state and read the laws particular to your state. I only skimmed it so can answer your specific question but this would be a good place to start.

    Also the STICKY at the top of the Montana section where you posted says this about OC .....
    Open Carry

    Montana is an open carry state. That means that most anyone who can legally own a firearm can carry it unconcealed anywhere in Montana with only a few exceptions like schools and federal buildings. Montana expressly permits drawing or presenting a weapon to an aggressor threatening bodily harm. MCA 45-3-111 http://data.opi.mt.gov/bills/mca/45/3/45-3-111.htm

    Localities are substantially preempted, but have limited power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or schools. MCA 45-8-351 http://data.opi.mt.gov/bills/mca/45/8/45-8-351.htm

    You only need to be 14 years old to open carry in Montana. If a minor under 14 wishes to open carry they must be accompanied by an adult who is the child’s parent or guardian or who has been authorized by the child’s guardian to supervise the child. MCA 45-8-344 http://data.opi.mt.gov/bills/mca/45/8/45-8-344.htm (Federal law still applies)
    Last edited by wmodavis; 08-06-2012 at 05:14 PM.

  3. #3
    Regular Member
    Join Date
    Aug 2012
    Location
    Montana
    Posts
    3
    Quote Originally Posted by wmodavis View Post
    I suggest you go here and click on your state and read the laws particular to your state. I only skimmed it so can answer your specific question but this would be a good place to start.

    Also the STICKY at the top of the Montana section where you posted says this about OC .....
    Open Carry

    Montana is an open carry state. That means that most anyone who can legally own a firearm can carry it unconcealed anywhere in Montana with only a few exceptions like schools and federal buildings. Montana expressly permits drawing or presenting a weapon to an aggressor threatening bodily harm. MCA 45-3-111 http://data.opi.mt.gov/bills/mca/45/3/45-3-111.htm

    Localities are substantially preempted, but have limited power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or schools. MCA 45-8-351 http://data.opi.mt.gov/bills/mca/45/8/45-8-351.htm

    You only need to be 14 years old to open carry in Montana. If a minor under 14 wishes to open carry they must be accompanied by an adult who is the child’s parent or guardian or who has been authorized by the child’s guardian to supervise the child. MCA 45-8-344 http://data.opi.mt.gov/bills/mca/45/8/45-8-344.htm (Federal law still applies)
    Great, thank you so much for that link and the information and sources you provided. It has definitely eased my mind on the legality of this matter.

    I found this on the first link you provided.

    There is some misinformation on the Montana DOJ Website you link to for Montana at:
    http://doj.mt.gov/enforcement/crimin...ledweapons.asp
    In its first paragraph, DOJ states the case to make Montana law sound much more restrictive than it really is.
    In Montana, nobody needs a permit to carry concealed outside the limits of a city or town, which is 99.4% of
    Montana. Inside city limits, a permit is required to legally carry concealed, but a permit is not required in
    one's home or place of business. And, Montana recognizes permits from most (40) other states.

    45-8-317. Exceptions. (1) Section 45-8-316 does not apply to:
    (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 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.
    Last edited by Absolution; 08-06-2012 at 05:20 PM.

  4. #4
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    In my state, cannot even walk out the door w/o a permit w/a handgun.

  5. #5
    Regular Member
    Join Date
    Aug 2012
    Location
    Montana
    Posts
    3
    Quote Originally Posted by davidmcbeth View Post
    In my state, cannot even walk out the door w/o a permit w/a handgun.
    Oh, wow. That's a bit harsh! May I know what state, so I know not to visit there any time soon? ha ha.

  6. #6
    Campaign Veteran slapmonkay's Avatar
    Join Date
    May 2011
    Location
    Montana
    Posts
    1,267
    In short, yes, you should be able to carry starting at age 14 in MT given MT law. However, you are still partly restricted by federal law. Federal laws are typically not enforced/investigated by a state agent but rather a federal agent.

    In this other thread: http://forum.opencarry.org/forums/sh...23-OC-by-minor

    More specifically where I call out the Federal Statue/Requirements of under 18 carry. Full text of Chapter 18 USC 922 (x) below.

    To be safe, its probably best to carry a written letter by your legal guardian giving you permission to carry thus covering requirements in federal law.

    I am not a lawyer, you should verify all facts or ask a real lawyer of your state for more information.

    Quote Originally Posted by 18 USC 922 (x)
    (x)(1) It shall be unlawful for a person to sell, deliver, or
    otherwise transfer to a person who the transferor knows or has
    reasonable cause to believe is a juvenile -
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun.
    (2) It shall be unlawful for any person who is a juvenile to
    knowingly possess -
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun.
    (3) This subsection does not apply to -
    (A) a temporary transfer of a handgun or ammunition to a
    juvenile or to the possession or use of a handgun or ammunition
    by a juvenile if the handgun and ammunition are possessed and
    used by the juvenile
    -
    (i) in the course of employment, in the course of ranching or
    farming related to activities at the residence of the juvenile

    (or on property used for ranching or farming at which the
    juvenile, with the permission of the property owner or lessee,
    is performing activities related to the operation of the farm
    or ranch), target practice, hunting, or a course of instruction
    in the safe and lawful use of a handgun;

    (ii) with the prior written consent of the juvenile's parent
    or guardian who is not prohibited by Federal, State, or local
    law from possessing a firearm
    , except -
    (I) during transportation by the juvenile of an unloaded
    handgun in a locked container directly from the place of
    transfer to a place at which an activity described in clause
    (i) is to take place and transportation by the juvenile of
    that handgun, unloaded and in a locked container, directly
    from the place at which such an activity took place to the
    transferor; or
    (II) with respect to ranching or farming activities as
    described in clause (i), a juvenile may possess and use a
    handgun or ammunition with the prior written approval of the
    juvenile's parent or legal guardian and at the direction of
    an adult who is not prohibited by Federal, State or local law
    from possessing a firearm;
    (iii) the juvenile has the prior written consent in the
    juvenile's possession at all times when a handgun is in the
    possession of the juvenile;
    and
    (iv) in accordance with State and local law;
    (B) a juvenile who is a member of the Armed Forces of the
    United States or the National Guard who possesses or is armed
    with a handgun in the line of duty;
    (C) a transfer by inheritance of title (but not possession) of
    a handgun or ammunition to a juvenile; or
    (D) the possession of a handgun or ammunition by a juvenile
    taken in defense of the juvenile or other persons against an
    intruder into the residence of the juvenile or a residence in
    which the juvenile is an invited guest.
    (4) A handgun or ammunition, the possession of which is
    transferred to a juvenile in circumstances in which the transferor
    is not in violation of this subsection shall not be subject to
    permanent confiscation by the Government if its possession by the
    juvenile subsequently becomes unlawful because of the conduct of
    the juvenile, but shall be returned to the lawful owner when such
    handgun or ammunition is no longer required by the Government for
    the purposes of investigation or prosecution.
    (5) For purposes of this subsection, the term "juvenile" means a
    person who is less than 18 years of age
    .
    (6)(A) In a prosecution of a violation of this subsection, the
    court shall require the presence of a juvenile defendant's parent
    or legal guardian at all proceedings.
    (B) The court may use the contempt power to enforce subparagraph (A).
    (C) The court may excuse attendance of a parent or legal guardian
    of a juvenile defendant at a proceeding in a prosecution of a
    violation of this subsection for good cause shown.
    Last edited by slapmonkay; 08-06-2012 at 05:58 PM. Reason: Bolding
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •