Bringing guns into Montana (2010, transporting, attorney)

[jkpeskey]

Howdy gang!
What (if any) laws are there for bringing yiur guns INTO the state. I have been involved in SASS and want to continue in MT.

[~IM~OK~]

You know? I dont have a answer for you...But I to would like to know..Just about ready to go on up..and was wanting to bring a few myself..I guess you could call this a bump.

[Fodderman]

Originally Posted by jkpeskey

Howdy gang!
What (if any) laws are there for bringing yiur guns INTO the state. I have been involved in SASS and want to continue in MT.

There are three things you need to be aware of:

1. Federal Regulations.
2. Montana Regulations.
3. Other State Regulations.

1. Federal Regulations: Code of Federal Regulations
Title 18 - Part I - Chapter 44 - § 926a
§ 926A. Interstate transportation of firearms. Release date: 2005-08-03
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.


2. Montana Regulations:
Montana Attorney Web Site states the following:
“Montana has no prohibitions against carrying a weapon in a motor vehicle, although federal rules may apply in national parks.”

According to the AG you can carry a firearm inside your vehicle without a permit as long as it's not "concealed". The Definition of concealed in Montana is "wholly or partially covered by clothing or wearing apparel".

So firearms can be carried in vehicles as long as they are not concealed on one's person in the vehicle. So, you can carry a firearm in plain view, in the glove box, console box, or gun case.

Open carry is unrestricted in most public areas and enough people still do so that no one will go crazy if they see you do so. I think, however, that Montana still has a preemption law allowing local towns to prohibit both open and concealed carry in public parks and government buildings while on foot.


3. Other State Regulations. If you will be passing through other states on your way to Montana, you need to be aware of and abide by their laws. While Montana may not have many restrictions on vehicle carry, most other states do. You should also be aware of carry restrictions in places like National Parks. When in a National Park in Montana, I'd advise dropping back to Federal Regulations regarding vehicle carry. And there is (Until February 2010 anyway) absolutely NO on person carry in National Parks.


For more info, check out: Handgunlaw.us and
Traveler's Guide to the Firearms Laws of the Fifty States

[mtlogger]

Fed rules in the Parks are being lifted. State Parks are another matter.

[Fodderman]

Originally Posted by mtlogger

Fed rules in the Parks are being lifted. State Parks are another matter.

Well, yes and no. First, it's not until February, 2010 at the earliest. And that's assuming no one tries to undo that legislation - which is probably not safe to assume. Second, it only applies to carry. You still can't shoot there unless it's to protect a human life.

[Dizzydog]

If we are horseback riding through Glacier are we allowed to carry a sidearm?

[Fodderman]

Originally Posted by Dizzydog

If we are horseback riding through Glacier are we allowed to carry a sidearm?

You cannot carry on your feet
You cannot carry on your seat

You cannot carry in your car
If it's not locked up in a jar

You cannot carry on a horse
You cannot carry if you're Norse

You cannot carry on a lark
You cannot carry in Glacier Park

[Dizzydog]

Originally Posted by Fodderman

You cannot carry on your feet
You cannot carry on your seat

You cannot carry in your car
If it's not locked up in a jar

You cannot carry on a horse
You cannot carry if you're Norse

You cannot carry on a lark
You cannot carry in Glacier Park

Montana gun laws seem to say quite different according to the online info from the Government.

[ElkHunter]

You have to watch the "National Govmt Laws" on carry in a national park. They are trying to reconcile but there are dates that have to be met. Even though it's in Montana, you have federal laws to abide by.

[Dizzydog]

Originally Posted by ElkHunter

You have to watch the "National Govmt Laws" on carry in a national park. They are trying to reconcile but there are dates that have to be met. Even though it's in Montana, you have federal laws to abide by.

Just read that it says you are allowed to carry if you are licensed CCW but not allowed to discharge unless its to save your life or the life of someone you are with.

Seems pretty straight forward.

There is also a list of weapons not allowed in the park, certain calibers of guns etc that you need to check when you get to the park.