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Thread: OC in vehicle?

  1. #1
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    Does that include shotgun or rifle in the window or plain sight? Or just sidearms on your belt?

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    Your vehicle is considered an extension of your home.

    I see vehicles with long guns in them often.

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    Regular Member MT GUNNY's Avatar
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    (MT) Loaded, unloaded, Hidden, In plain site, Handgun or Rifle of any type, In town Out of town,In your vehicle not on your person is perfectly Legal. Open Carry is legal even in car, If your a felon don't even think about it! Note If you are out side city limits you can carry concealed with out permit.

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    What about it being "within reach" or anything like that? Or is it full permission?

    I understand that brandishing it to people outside the car and such would be illegal, but what about keeping a rifle, say, on the passenger seat? Or on a mount between the driver's and passenger's seat?

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    Regular Member MT GUNNY's Avatar
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    I was pulled over for speeding the other day, and had a loaded AR 15 M4gery laying in the seat next to me. The only thing the officer said is " whats that for " I told him "Hunting" He smiled and went and wrote me a speeding ticket. Be more specific, what are you planning to do?



    Just think this State as a no nonsence state, If you want to put your pistol on the dash Do it.

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    I'm living in Illinois right now and just mentioning the word gun scares people. I can't have a gun in the car with me to protect myself, let alone on the seat next to me or on my belt.

    I'm not planning anything. I just want to be able to sit in my vehicle and feel secure without breaking any laws.

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    Regular Member MT GUNNY's Avatar
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    Remember we are talking Montana here!

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    I told him "Hunting" He smiled and went and wrote me a speeding ticket
    Dang, I love Montana!!
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    VAopencarry wrote:
    I told him "Hunting" He smiled and went and wrote me a speeding ticket
    Dang, I love Montana!!
    I'm feeling a little more love for that big expanse of land after reading that.
    Why open carry? Because 1911 > 911.

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    lucas_flesher wrote:
    (MT)¬* Loaded, unloaded, Hidden, In plain site, Handgun or Rifle of any type, In town Out of town,¬*In your vehicle not on your person is perfectly Legal. Open Carry is legal even in car, ¬*If your a felon don't even think about it! Note¬* If you are out side city limits you can carry concealed with out permit.¬*¬*
    Not entirely true, A convicted felon in Montana can posses and acquire firearms and ammunition once they are released from all custody (Prison, Parole, Probation ETC. ETC.) provided they have no court imposed disability's.

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    Ninelivez wrote:
    lucas_flesher wrote:
    (MT) Loaded, unloaded, Hidden, In plain site, Handgun or Rifle of any type, In town Out of town,In your vehicle not on your person is perfectly Legal. Open Carry is legal even in car, If your a felon don't even think about it! Note If you are out side city limits you can carry concealed with out permit.
    Not entirely true, A convicted felon in Montana can posses and acquire firearms and ammunition once they are released from all custody (Prison, Parole, Probation ETC. ETC.) provided they have no court imposed disability's.
    I promise I'm not trying to be a pain or anything, but according to Montana Codes Annotated, possession of a firearm by any convicted felon is illegal! I know I'm not a professional when it comes to the law but I was kinda' under the impression that possession of a firearm by any convicted felon was against the law?! Not too sure here, but I'm sure that even after someone serves their full sentence and is released they still can't own a firearm. I was dating a girl whos father was a convicted felon, he served his time long ago and has since been an upstanding member of society but he still can't even own ammunition for a firearm, let alone a firearm itself!! I mean, correct me if I'm wrong!!

    45-8-313. Unlawful possession of firearm by convicted person. (1) A person commits the offense of unlawful possession of a firearm by a convicted person if the person purposely or knowingly purchases or possesses a firearm after the person has been convicted of:
    (a) a felony for which the person received an additional sentence under 46-18-221; or
    (b) an offense under the law of another state or of the United States that is equivalent to an offense that when committed in Montana is subject to an additional sentence under 46-18-221.
    (2) A person convicted of unlawful possession of a firearm by a convicted person shall be imprisoned in a state prison for not less than 2 years or more than 10 years.
    (3) A person who has been issued a permit under 45-8-314 may not be convicted of a violation of this section.
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    40s&wfan wrote:
    Ninelivez wrote:
    lucas_flesher wrote:
    (MT)¬* Loaded, unloaded, Hidden, In plain site, Handgun or Rifle of any type, In town Out of town,¬*In your vehicle not on your person is perfectly Legal. Open Carry is legal even in car, ¬*If your a felon don't even think about it! Note¬* If you are out side city limits you can carry concealed with out permit.¬*¬*
    Not entirely true, A convicted felon in Montana can posses and acquire firearms and ammunition once they are released from all custody (Prison, Parole, Probation ETC. ETC.) provided they have no court imposed disability's.
    I promise I'm not trying to be a pain or anything, but according to Montana Codes Annotated, possession of a firearm by any convicted felon is illegal! I know I'm not a professional when it comes to the law but I was kinda' under the impression that possession of a firearm by any convicted felon was against the law?! Not too sure here, but I'm sure that even after someone serves their full sentence and is released they still can't own a firearm. I was dating a girl whos father was a convicted felon, he served his time long ago and has since been an upstanding member of society but he still can't even own ammunition for a firearm, let alone a firearm itself!! I mean, correct me if I'm wrong!!

    45-8-313. Unlawful possession of firearm by convicted person. (1) A person commits the offense of unlawful possession of a firearm by a convicted person if the person purposely or knowingly purchases or possesses a firearm after the person has been convicted of:
    ¬*¬*¬*¬*¬*(a) a felony for which the person received an additional sentence under 46-18-221; or
    ¬*¬*¬*¬*¬*(b) an offense under the law of another state or of the United States that is equivalent to an offense that when committed in Montana is subject to an additional sentence under 46-18-221.
    ¬*¬*¬*¬*¬*(2) A person convicted of unlawful possession of a firearm by a convicted person shall be imprisoned in a state prison for not less than 2 years or more than 10 years.
    ¬*¬*¬*¬*¬*(3) A person who has been issued a permit under 45-8-314 may not be convicted of a violation of this section.
    Article II, Section 28,Part (2), Montana Constitution and
    Section 46-18-101, MCAhttp://leg.mt.gov/css/Laws%20and%20C...nstitution.asp

    I couldn't find all the documentation, but the state of montana department of corrections adult probation & parole Firearms regulations Section II. To be compleated when supervision expires says, and I quote " I have been advised that once I am no longer under supervision and have compleated my sentence, Montana Constittution and Law restores my civil right including my right to possess a firearm UNLESS I was given a sentence enhancement for use of a weapon." I took that from the form my BIL got from his ex P.O. He has 5 minor felony's (2 Forgerys for checks, a B&E empty building and to theft counts). I helped him do the paper work for his CCW, the sheriff said he wanted to see 3 years from the time he went off supervision. After the 3 years was up he reaplyed and was granted a CCW. During his background check there was a letter to the sheriff from the BATFE that said " the only reason the BATFE will allow Mr. ******* ******** to own firearms is because of Montana state law, and we leave the opption of issuing a CCW up to you."

    That is the only thing I have to back up my quoted statement.

    ETA: the one big issue is that in order for full firearms right to be restored, the only state a person can have a/any felony conviction(s) is Montana (a conviction in any other state and you are in the same boat as any other felon), also your right to own a firearm is not worth a crap in any other state.

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    NavyLT wrote:
    I would research the law. In Washington it is illegal to have a loaded long gun in your vehicle, period. Concealed or open, permit or not.
    NavyLT we are in Montana not Washington, and I don't say that to be smart. When I was a deputy for PCSO the sheriff thoughta firearm was consideredconcealedwhen he found one under the seat of a vehicle on a girl coming home for the holidays from Bozeman. I told him that it was not concealed under Montana law. He says, well in Oregon this is a conceal weapon, he stillcited her, she appeared in court and the judge thru it out JudgeDonna Lund (great lady) Her Honor, then closed her chambers to all but her and the sheriff. He came out very red faced and had a very large copy of theMontana Code Annotated better known as the MCA. He was ordered by her to read all of section 45 that pertains to criminal code for law enforcement to follow. Any way I left PCSO back in June of 2005 and haven't looked back. BTW, he is know longer the sheriff of that little spot on the map between Lewistown and Jordan, Mt.

    Ican tell you that not only can you have your sidearm in open carry loaded on your belt, shoulder holster etc, but you can have that single shot rifle,levergun, bolt gun and any shotgun loaded and ready to go in the back window, orbehind the seat of any vehicle your driving. You can keep ammo on your dash board if you wish, as Montana is a FREE STATE.

    Also as far as felons go: Depends if that felone is a Federal Felone that served his time or a State Felon that he served his time in Deer Lodge State Prison. A State Felon can petition the court for his rights to own only a long gun for hunting with and defending his property with.

    A Federal Felon is bared from every possessing a firearm, muzzleloader and or bow from the day of his conviction.

    For those that would like better insight to Montana and its firearm laws I urge you to contact http://www.mtssa.org/ Gary S. Marbut President of MTSSA. For those that live here in Montana I urge you to become members of Montana Shooting Sports Association, remember they are here for you.


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    Mr44Magnum wrote:
    NavyLT wrote:
    I would research the law. In Washington it is illegal to have a loaded long gun in your vehicle, period. Concealed or open, permit or not.
    NavyLT we are in Montana not Washington, and I don't say that to be smart. When I was a deputy for PCSO the sheriff thoughta firearm was consideredconcealedwhen he found one under the seat of a vehicle on a girl coming home for the holidays from Bozeman. I told him that it was not concealed under Montana law. He says, well in Oregon this is a conceal weapon, he stillcited her, she appeared in court and the judge thru it out JudgeDonna Lund (great lady) Her Honor, then closed her chambers to all but her and the sheriff. He came out very red faced and had a very large copy of theMontana Code Annotated better known as the MCA. He was ordered by her to read all of section 45 that pertains to criminal code for law enforcement to follow. Any way I left PCSO back in June of 2005 and haven't looked back. BTW, he is know longer the sheriff of that little spot on the map between Lewistown and Jordan, Mt.

    Ican tell you that not only can you have your sidearm in open carry loaded on your belt, shoulder holster etc, but you can have that single shot rifle,levergun, bolt gun and any shotgun loaded and ready to go in the back window, orbehind the seat of any vehicle your driving. You can keep ammo on your dash board if you wish, as Montana is a FREE STATE.

    Also as far as felons go: Depends if that felone is a Federal Felone that served his time or a State Felon that he served his time in Deer Lodge State Prison. A State Felon can petition the court for his rights to own only a long gun for hunting with and defending his property with.

    A Federal Felon is bared from every possessing a firearm, muzzleloader and or bow from the day of his conviction.

    For those that would like better insight to Montana and its firearm laws I urge you to contact http://www.mtssa.org/ Gary S. Marbut President of MTSSA. For those that live here in Montana I urge you to become members of Montana Shooting Sports Association, remember they are here for you.
    MEGA KUDOS!! I don't mean to sound sarcastic or demeaning, but it's nice when people realize that this is Montana, not another state!! Our laws and restrictions here aren't as 'restricting' as most other states. To be honest, I don't know of any other state that's as generous as ours is with these laws! I love it here!

    By the way, what "P" were you referring to in PCSO?
    In a crisis you don't rise to the occasion, but rather default to your level of training.

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    MEGA KUDOS!! I don't mean to sound sarcastic or demeaning, but it's nice when people realize that this is Montana, not another state!! Our laws and restrictions here aren't as 'restricting' as most other states. To be honest, I don't know of any other state that's as generous as ours is with these laws! I love it here!

    By the way, what "P" were you referring to in PCSO?
    There is another state I belive that is more Pro 2nd Amendment and that is Alaska, where you are not required to have a conceal carry permit.

    The P is Petroleum County Sheriff's Office The County Commissioners had wrote a town ordinence for Winnett for no open carry and I told not only the sheriff but the 4 county commissioners that their little law didn't mean squat and we could not enforce it because of State Pre-Emptive law that protects all the citizens of Montana.

    Of course they didn't like it, but Judge Donna Lund back me up on it.

    The looks on their faces were priceless.


  16. #16
    Regular Member MT GUNNY's Avatar
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    MR 44Magnum Quote;

    ""Ican tell you that not only can you have your sidearm in open carry loaded on your belt, shoulder holster etc, but you can have that single shot rifle,levergun, bolt gun and any shotgun loaded and ready to go in the back window, orbehind the seat of any vehicle your driving. You can keep ammo on your dash board if you wish, as Montana is a FREE STATE.""




    I agree with this statement, however you Missed something that is Important , "Semi Auto Rifles" Did you leave that out for a Reason?

  17. #17
    Regular Member MT GUNNY's Avatar
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    This should have Bearing on the Discussion;

    40-4-121, 7,a;

    (7) At the time of the hearing, the court shall:
    (a) inform both parties that the temporary injunction may contain a provision or provisions that limit the rights of one or both parties relating to firearms under state law or a provision or provisions that may subject one or both parties to state or federal laws that limit their rights relating to firearms; and


    Does this mean if the court Fails to inform of this, the Firearm Rights are not Affected?

    46-7-102; (f)

    46-7-102. Duty of court. (1) The judge shall inform the defendant:
    (a) of the charge or charges against the defendant;
    (b) of the defendant's right to counsel;
    (c) of the defendant's right to have counsel assigned by a court of record in accordance with the provisions of 46-8-101;
    (d) of the general circumstances under which the defendant may obtain pretrial release;
    (e) of the defendant's right to refuse to make a statement and the fact that any statement made by the defendant may be offered in evidence at the defendant's trial;
    (f) that conviction may result in the loss of various rights regarding firearms under state and federal law; and
    (g) of the defendant's right to a judicial determination of whether probable cause exists if the charge is made by a complaint alleging the commission of a felony.
    (2) The judge shall admit the defendant to bail as provided by law.

    Same ? Or does "Judge SHALL" mean, doesn't Matter if he or she Brings it up or not, section still applies.

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    lucas_flesher wrote:
    MR 44Magnum Quote;

    ""Ican tell you that not only can you have your sidearm in open carry loaded on your belt, shoulder holster etc, but you can have that single shot rifle,levergun, bolt gun and any shotgun loaded and ready to go in the back window, orbehind the seat of any vehicle your driving. You can keep ammo on your dash board if you wish, as Montana is a FREE STATE.""




    I agree with this statement, however you Missed something that is Important , "Semi Auto Rifles" Did you leave that out for a Reason?
    My BAD, I should have just made it ALL Rifles, Shotguns and Muzzleloaders can be loaded etc.

    Thanks for the correction.

  19. #19
    Regular Member MT GUNNY's Avatar
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    No Problem , I got a little worried there for a second ,thinking i missed a law, WHEEW!!

  20. #20
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    NavyLT wrote:
    I would research the law. In Washington it is illegal to have a loaded long gun in your vehicle, period. Concealed or open, permit or not.
    I submitted to this forum a letter that I received in reply to one I wrote to the Montana Attorney General's office! Check out the full link. Here's one part of the link:

    "Montana has no prohibitions against carrying a weapon in a motor vehicle, although federal rules may apply in national parks."

    Again, check out the full link for complete restrictions and allowances regarding carrying concealed in the state of Montana! The link talks more about carrying concealed but the link is somewhat helpful! Not by much though!
    In a crisis you don't rise to the occasion, but rather default to your level of training.

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  21. #21
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    I sugest that anyone of you that is from outside the state of Montana get one of these books called "The Gun Laws of Montana" http://www.mtpublish.com/mp/

    Montana is a "Shall Issue State" we have very open carry gun laws and a great State Constitution to back it up.

    Here is a link to the MCA of Montana, ref Montana Anotated Code it is the only code that when I was in Law Enforcement ended in 2005, but it is ALL that any LEO or Court can abide by.

    http://data.opi.mt.gov/bills/MCA_toc/index.htm

    You will notice that it is the 2007 addition because the 2009 has not been released yet from Helena, pleasepay attention to Title45

    If you do not find it as a violation of the MCA then it is legal to do here in Montana. We don't care if it is a violation in Washington or any other state, your in Montana and we abide by our laws and regulations. I guess I get testy when the same fricken question gets asked time and time again.

    It will not matter if you have a rifle, shotgun, muzzleloader or even an AK47 with a 30 round magazine in the back widow of your pickup. You will not get stopped for it, and LEO's here will not ask you if they are loaded or not. Again, this is Montana and we live this way because it's our God Given Right!

    If you need to call someone, here is the number and contact information to Flathead County Sheriff's Dept.

    P (406) 758-5585
    F (406) 758-5862

    SHERIFF:
    Mike Meehan

    UNDERSHERIFF:
    Pete Wingert

    HOURS:
    Monday - Friday
    8:00a.m. - 5:00p.m.




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