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Thread: Can a Montana resident carry concealed with another state's permit until a Montana CCW is obtained?

  1. #1
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    I haven't been here 6 months yet to apply for my Montana CCW. I have an Arizona CCW and Montana recognizes it. But being that I'm a resident of Montana, am I still allowed to carry with my AZ permit? I couldn't find anything about this on the net or in Marbut's book.

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    Montana recognizes that a non-resident of Arizona can CCW in Montana with an Arizona permit (at least the way I read it). To me that says it doesn't matter where you reside. Very good question indeed, and one that I do not believe I have seen asked before.

    -MCZ

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    You are good to go... MT recognizes your AZ permit as the same as a MT permit until your are a legal resident of the state, until your are a legal resident (6 months) it is the same as if you are just visiting here.

    -Longbow

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    What about after you are a legal resident?

    -MCZ

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    Thanks all. I only brought it up because I have seen where a few states have laws saying that only "out of state" residents may carry in the state with out of state permits. I'm glad that MT doesn't have this sorta law.

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    CZ, When you become a resident you will need to have a MT CWP, Laramie
    Will need to apply right a way and there may be some lag time when he cant CC.

    But he can still OC, the lag time should not be more then 60 days.

    -Longbow

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    Thanks for the info. Much appreciated.

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    Longbow wrote:
    CZ, When you become a resident you will need to have a MT CWP, Laramie

    -Longbow
    I have been unable to locate in the code where it states that if you are a resident of Montana that you are required to have a MT CCW permit. I can find it for other states that do (Michigan for instance). Can you please tell me where I can find this relevant section of code?

    -CZ

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    Longbow wrote:
    CZ, When you become a resident you will need to have a MT CWP, Laramie
    Will need to apply right a way and there may be some lag time when he cant CC.

    But he can still OC, the lag time should not be more then 60 days.

    -Longbow
    Can you please post a cite of the law that requires that? I can't find it in Montana code either.

    http://data.opi.state.mt.us/bills/mca/45/8/45-8-329.htm

    45-8-329. Concealed weapon permits from other states recognized -- advisory council.

    (1) A concealed weapon permit from another state is valid in this state if:
    (a) the person issued the permit has the permit in the person's immediate possession;
    (b) the person bearing the permit is also in possession of an official photo identification of the person, whether on the permit or on other identification; and
    (c) the state that issued the permit requires a criminal records background check of permit applicants prior to issuance of a permit.
    (2) The attorney general shall develop and maintain a list of states from which permits are recognized under this section for the use by law enforcement agencies in this state.
    (3) A determination or declaration of a Montana government entity, official, or employee is not necessary to the existence and exercise of the privilege granted by this section.
    (4) The governor shall establish a council, composed of interested persons, including law enforcement personnel and gun owners, to advise the governor on and pursue concealed weapon permit issues.

  10. #10
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    Gentleman, after going back and researching the laws again I stand corrected.

    Although I would have bet money that I had this or read it some where.

    So since I couldn't find this ether I ask my Sheriffs department.

    Comes to find out that the AZ permit will be reorganized until it expires.

    at that time you will be expected to get your MT CWP if you want.

    Even with the AZ permit you will need to follow MT law. the following is the response I received from the YCSO.





    Darren,

    In response to your question, the philosophy of Yellowstone County Sheriff Jason Bell, is that the party may use their out of state permit here in Montana (provided it is recognized by the State), until it expires when at such time they should apply for a Montana conceal carry permit. Of course we would like them to be familiar with all laws pertaining to conceal carry weapons here in Montana, so as not to violate them. You are still accountable for adhering to our laws, with or without the Montana CCWP.



    Susan Jones

    YCSO

    Detective Division

    406-256-2939



    As a side note, with a AZ permit you are not exempted from NICS when purchasing a firearm, as you would be with a MT CWP.

    I would still recomend getting your MT CWP as soon as you can.

  11. #11
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    Longbow,

    From the information that you got, I see "expect", "philosophy", and "should". I do not see required in there. Thank you for getting that response.

    -CZ

    ETA: After some digging, I noted one particular section in the above:

    (3) A determination or declaration of a Montana government entity, official, or employee is not necessary to the existence and exercise of the privilege granted by this section."

    That means if you were to call the Sheriff and ask his opinion and he told you that you couldn't carry since you are a Montana Resident with an out of state permit, then his declaration or determination doesn't matter because the law clearly says you can as long the other conditions are met.


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