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Thread: OC in Rest Areas

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    OC in Rest Areas

    As I am planning my travels in 2013, including Montana, I have been reading up on the CC and OC laws. One point that is not clear is whether OC in the highway rest areas is ok. Would anyone provide some clarification (and possibly cite the reference)?

    Thanks!

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    Regular Member EMNofSeattle's Avatar
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    Montana is an open carry state as open carry is never mentioned in the montana code Annotated.

    Concealed carry is generally prohibited as per MCA 45-8-3

    However as per MCA 45-8-317 a concealed firearm may be carried outside the limits of a town, city, railroading, mining, or logging camp.

    Restricted areas are in MCA 45-8-328.

    Rest areas are not listed.

    generally you can OC anywhere, no permit is required for open carry in a car either.

    you can call the Missoula County sheriff, they'll be happy to answer any questions you may have.
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    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by wczimmerman View Post
    As I am planning my travels in 2013, including Montana, I have been reading up on the CC and OC laws. One point that is not clear is whether OC in the highway rest areas is ok. Would anyone provide some clarification (and possibly cite the reference)?

    Thanks!
    I will first answer the OP question: Open carry at highway rest areas is permitted. There is no cite, as laws are made to restrict. You should have no concern carrying at these locations.

    Quote Originally Posted by EMNofSeattle View Post
    Montana is an open carry state as open carry is never mentioned in the montana code Annotated.

    Concealed carry is generally prohibited as per MCA 45-8-3

    However as per MCA 45-8-317 a concealed firearm may be carried outside the limits of a town, city, railroading, mining, or logging camp.

    Restricted areas are in MCA 45-8-328.

    Rest areas are not listed.

    generally you can OC anywhere, no permit is required for open carry in a car either.

    you can call the Missoula County sheriff, they'll be happy to answer any questions you may have.
    Unfortunately, not all of what EMN said is correct. Ill outline a couple issues.

    1) You right 'open carry' is not ever used in the MCA however 'unconcealed carry' is, such as in MCA 45-8-351
    2) Open carry can be restricted in 'public assembly, publicly owned building, park under its jurisdiction, or school' by local municipalities (MCA 45-8-351).
    3) The restricted areas listed in MCA 45-8-328 is specific to conceal carry
    4) I would not suggest calling a PD for information, they typically won't give legal advise and any advise given could not be accurate. I would not depend on it.

    Also a side note. Concealed is defined as wholly or partly covered by wearing apparel, therefore hidden from view in a vehicle is not considered concealed. (MCA 45-8-315)

    I would take a look at the MT law summary sticky.

    OP, if you have any other questions let us know.
    I Am Not A Lawyer, verify all facts presented independently.

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    I appreciate all the responses. My confusion was related to the "public buildings" and unconcealed carry as I was reading through the laws. I wasn't sure if the rest areas were considered "public buildings."

    I do also appreciate the recommendation to read the sticky for the summary of Montana laws! I had already done so before posting my question so I wouldn't waste anyone's time.

    Thanks.

  5. #5
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by wczimmerman View Post
    I appreciate all the responses. My confusion was related to the "public buildings" and unconcealed carry as I was reading through the laws. I wasn't sure if the rest areas were considered "public buildings."

    I do also appreciate the recommendation to read the sticky for the summary of Montana laws! I had already done so before posting my question so I wouldn't waste anyone's time.

    Thanks.
    Rest areas are owned/managed by the state, therefore it would not be subject to that provision. If your resting in a city park or such then you would need to check the local city ordinance.
    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.

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