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Thread: Montana OC

  1. #1
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    Montana OC

    I am new to OC and am waiting on my CC. I am aware of almost all gun laws especially when it comes to CC. I am aware in some locations that you are not allowed to OC a loaded gun, magazine and cartridges must not be in the gun, while others locations do allow loaded OC. I do not know where Montana stands on this issue, the law does not (to the best of my knowledge) state anything about a loaded OC, which means that it is legal, but I may have missed something. Thanks for your replies!

  2. #2
    Regular Member J_dazzle23's Avatar
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    From what I understand, I thought montana state law prohibited carry in banks. Could be wrong.

  3. #3
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    Banks and any federal buildings, or any area used for federal purposes, but my concern is if I can have my side arm loaded while OC. Because i know that some places Prohibit this.

  4. #4
    Regular Member moonie's Avatar
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    Quote Originally Posted by M&P carrier View Post
    Banks and any federal buildings, or any area used for federal purposes, but my concern is if I can have my side arm loaded while OC. Because i know that some places Prohibit this.
    That's a shame, perfectly legal to carry in Banks here in NC.
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  5. #5
    Regular Member J_dazzle23's Avatar
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    Ahhhh^good lookin out.

    Open carry ftw

  6. #6
    Regular Member acmariner99's Avatar
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    Places off limits to carry in Montana are governed by Montana Code 45-8-328 which says:

    (1) A person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in:

    (a) portions of a building used for state or local government offices and related areas in the building that have been restricted;

    (b) a bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours. It is not an offense under this section to carry a concealed weapon while:
    (i) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or
    (ii) at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services.

    (c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.

    Notice it says CONCEALED carry is banned in these locations. Open carry is allowed. Bear in mind Montana's preemption statute Montana Code 45-8-351:

    (1) Except as provided in subsection (2), no county, city, town, consolidated local government, or other local government unit may prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.

    (2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.
    (b) Nothing contained herein shall allow any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others, nor shall anything contained herein prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.

    Montana cities can govern carry in locally owned parks, buildings, schools, and public assemblies.

    Outside city limits, you can carry however you want w/ no permit required. If inside city limits, you need a permit to carry concealed, which Montana defines as "wholly or partially covered by clothing" per MC 45-8-315. Carrying in a glove box, console, encased, or on your person and not covered by clothing all do not meet the definition of concealed.

    Hope this helps
    Last edited by acmariner99; 11-07-2014 at 02:35 PM.

  7. #7
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by M&P carrier View Post
    Banks and any federal buildings, or any area used for federal purposes, but my concern is if I can have my sidearm loaded while OC. Because i know that some places Prohibit this.
    Please check your wording. It's important. What are you calling "any area used for federal purposes?" Are you including National Parks, for example?

    You are probably thinking of "federal facilities" which are the buildings where federal employees conduct their business. So, for example, unless prohibited by state law, which I doubt, you can carry all throughout Glacier National Park except for the visitor centers and ranger stations, and stuff like that.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  8. #8
    Regular Member wittmeba's Avatar
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    What caught my attention is the drive up window or automatic teller machines. These are places I would want to be sure to be able to protect myself.

  9. #9
    Activist Member golddigger14s's Avatar
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    Check the MT sub-forum.
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