Bill45
Regular Member
This is a heads up concerning a quirk in the Montana firearms laws.
I was lurking around the Montana OC site the other day and read the sticky on Montana laws. I notice a item of interest that should concern persons traveling to that state.
Namely that if you go into a restaurant that serves alcohol you can ONLY OPEN CARRY. Conceal carry is illegal ! This applies only to places that serve alcohol including the "family" sections. Other non-alcohol serving restaurant's one can still carry either manner OC or CC.
The law is worded oddly:
45-8-328. Carrying concealed weapon in prohibited place -- penalty. (1) Except for legislative security officers authorized to carry a concealed weapon in the state capitol as provided in 45-8-317(1)(k), 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:
[...]
(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.
[...]
You can read the conversation I had with Slapmonkay at the Montana OC site in the thread labeled: Question from Out of Stater.
I have often gone to Montana and entered a restaurant that had a lounge and served drinks to customers in the general seating area as well. I was usually CC and thus breaking the law, opening myself to some legal trouble had my concealed weapon been noticed.
Not a likely event but the possibility exists.
I was lurking around the Montana OC site the other day and read the sticky on Montana laws. I notice a item of interest that should concern persons traveling to that state.
Namely that if you go into a restaurant that serves alcohol you can ONLY OPEN CARRY. Conceal carry is illegal ! This applies only to places that serve alcohol including the "family" sections. Other non-alcohol serving restaurant's one can still carry either manner OC or CC.
The law is worded oddly:
45-8-328. Carrying concealed weapon in prohibited place -- penalty. (1) Except for legislative security officers authorized to carry a concealed weapon in the state capitol as provided in 45-8-317(1)(k), 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:
[...]
(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.
[...]
You can read the conversation I had with Slapmonkay at the Montana OC site in the thread labeled: Question from Out of Stater.
I have often gone to Montana and entered a restaurant that had a lounge and served drinks to customers in the general seating area as well. I was usually CC and thus breaking the law, opening myself to some legal trouble had my concealed weapon been noticed.
Not a likely event but the possibility exists.
