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Thread: New to forum and Montana

  1. #1
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    New to forum and Montana

    Hi all,

    I'm new to this forum and have been in Montana for a couple of months. Our family loves it here. I read a bit on here and have a few questions that I hope somone will answer for me. Please excuse my ignorance, but this is why I'm asking.

    1. I can open carry anywhere in Mt. w/o a ccw except withing cities, towns, state
    municiple bldgs, fed. bldgs. banks, schools, or any place that serves alchohol.
    2. how about state fairs, rodeos, Blm land, Glacier Park?
    3. I can o/c or c.c. in my vehicle w/o a ccw?
    4. Is there anything that I'm missing?
    5. Is any of the above incorrect?
    6. Referring to #1, if not in cities or towns, doesn't that exclude everywhere unless the
    town in not incorporated?????

    Thanks
    John

    If so, please set me straight.

  2. #2
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    I'm not as 'up' on Mt. law as i am on Wa. law, but here are the points I AM aware that you are mistaken on:

    Cities and towns require no permit or license to OC in...Only for CC within incorporated city limits do you need 'permission'.

    Banks and places that serve alc. you are REQUIRED to open carry...No CC allowed even if you have a permit.


    Courthouse carry is left up to the county level legislature, fed bldg are no go at the fed law level, and I'm not sure how schools are treated in MT.


    Dunno for sure about fairs and rodeos (rodeos generally being private affairs, not gummint funded) but BLM, National Parks and Forests are good to go...no permission required.

    OC for sure in a car, not CERTAIN about CC but my gut says 'yes' to that as well.

  3. #3
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    thanks for the info I appreciate it

    any body local want to chime in??

  4. #4
    Regular Member MT GUNNY's Avatar
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    http://www.mtssa.org/mtlaws.phtml

    this is missing one thing, OC is now a numerated law. So Open Carry is Permited throughout the state/ no permit required.

  5. #5
    Regular Member 40s-and-wfan's Avatar
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    [QUOTE=dieselpower;1328734]Hi all,

    I'm new to this forum and have been in Montana for a couple of months. Our family loves it here. I read a bit on here and have a few questions that I hope somone will answer for me. Please excuse my ignorance, but this is why I'm asking.

    1. I can open carry anywhere in Mt. w/o a ccw except withing cities, towns, state
    municiple bldgs, fed. bldgs. banks, schools, or any place that serves alchohol.


    dieselpower: OC is legal anywhere in Montana for the most part. You can OC in town without a permit. You just cannot CC in town without a permit unless in an unincorporated city, town, village or someplace along those lines. For instance, you cannot CC in Kalispell without a permit but you can in places like say Hungry Horse, Somers, Bigfork and other such towns.
    You cannot carry a firearm in a school, government building or other such place. I was recently told you cannot OC in a bank since they're federally insured but I'm still researching that. Gotta call Mr. Fowler on that one
    You cannot carry concealed in a place where alcohol is sold, dispensed and consumed in the same room, like a bar. Again, this is another subject where I am going to have to pick Mark Fowler's brain to find out for sure. He's an Assistant Attorney General for Montana and we talk quite frequently so I will have to call him.

    Any other questions, feel free to ask and I'm sure everyone here will do their best to answer them!!

  6. #6
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    [QUOTE=40s-and-wfan;1337835]
    Quote Originally Posted by dieselpower View Post
    I was recently told you cannot OC in a bank since they're federally insured but I'm still researching that. Gotta call Mr. Fowler on that one
    Point of order:

    Neither the Federal Reserve Bank nor the Federal Deposit Insurance Corporation (FDIC) are government entities.

  7. #7
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    a bit like NV, we can drink and ccw. Even though we can drink past the legal limit and ccw/open carry it probably isn't a good idea.
    I don't drink but hate being told I can't attend events like parties rock shows just because someone else might drink to much

  8. #8
    Regular Member Emmeric's Avatar
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    Open carry is allowed in all specifically prohibited places regarding concealed carry - except for schools. However, some places may deny open carry in certain areas.

    I confirmed this through the Montana Department of Justice. Here are the emails:

    Mine:
    `````````````````````````````````````````````````` ``````````````````````````````
    Subject: More on Open Carry Question



    Hello again:

    I would like further clarification on open carry as it relates to all areas specifically prohibited for concealed carry 45-8-328.

    No clarification is necessary about schools. I understand the federal laws and state, also.

    But,

    banks
    county offices
    state offices?

    Am I safely observing the law by simply removing my coat and being in a state of Open Carry inside those places?

    Thank you!
    `````````````````````````````````````````````````` ````````````````````

    Here is the response:

    `````````````````````````````````````````````````` ````````````````````
    From: Anders, Jennifer
    Sent: Tuesday, January 04, 2011 1:31 PM
    To: Contact DOJ
    Subject: RE: More on Open Carry Question



    Sir:



    You are correct that the law simply prohibits concealed carry in these places and does not address open carry, thus suggesting that open carry is not prohibited. I am aware, however, that certain places do not allow open carry even though it is not prohibited by state law, i.e., privately owned businesses such as bars. There may be similar restrictions in banking institutions or other areas within public buildings that I am unaware of. For example, I believe there are restrictions in certain parts of the capital building, and I know that guns are not allowed on the premises of the Montana State Prison. I suggest you check with the particular facility before entering with a gun, especially in places with security systems or armed guards (for your own safety).



    I hope you find this helpful,



    Jennifer Anders

    Assistant Attorney General
    `````````````````````````````````````````````````` ```````````````````````

  9. #9
    Regular Member rickc1962's Avatar
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    I know I am in Az., and not Mt., but I open carry in our local Wells Fargo bank all the time. I`ve talked to the vice prez. in our main branch, and was told that Wells Fargo has a long history, was a main player in the old west, and have never had a problem with customers carrying firearms, I was told, " We don`t care if you carry a gun, just give us your business, and if you have friands that carry, have them come in, we want their business to." I would think other banks would fell the same way.

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