In these times it’s becoming more and more necessary for good law-abiding citizens, like you, to defend yourselves. That’s why I’ve written this article so you can know what your rights are and what is legal in The Big Sky State.
Legal Self Defense Weapons in Montana
- Stun guns
- Tactical Pens
- Personal alarms
Montana Stand Your Ground Law
Montana is a stand your ground and castle doctrine state.
This means that are you allowed to use up to deadly force to defend yourself, someone else, on your property and there is no duty to retreat on your property. It’s important to note that you absolutely could not have started the altercation to be covered under this protection. In other words, you couldn’t have intentionally shoved someone and then shoot him when he shoves you back.
Some situations where deadly force is allowed:
- If you believe someone is about to use unlawful deadly force;
- If you believe that a burglar is about to use physical force;
- If someone is about to rape, kidnap, assault, or rob you.
- When a person attempts to unlawfully enter a home or vehicle, or attempts to remove a person from such in order to occupy it.
- When someone attempts to injure another person
Montana Concealed Carry Gun Laws
Montana is a “shall issue” state for citizens and permanent lawful residents who are 18 years old. The law was challenged for previously denying non-citizens permits. The lawsuit was put on hold to give the legislature an opportunity to pass a bill to include permanent lawful residents. The bill was signed by the governor on April 7, 2017.
Concealed carry without a permit is generally allowed outside city, town, or logging camp limits.
The permits are issued by the county sheriff. You may carry a concealed weapon anywhere except for government buildings, financial institutions, or any place that serves alcohol.
You may keep a gun in your car without a permit so long as it’s not concealed on your person.
How to Get a Concealed Carry Permit in Montana
Here are the basic requirements:
- Legal US Citizen
- Been a resident of Montana for 6 months
- Be at least 18 years of age
- Pass a background check
Montana honors concealed carry permits from every state except:
District of Columbia
This is because these states don’t expressly require a background check as part of their permitting process.
45-8-321. Permit to carry concealed weapon. (1) A county sheriff shall, within 60 days after the filing of an application, issue a permit to carry a concealed weapon to the applicant. The permit is valid for 4 years from the date of issuance. An applicant must be a United States citizen or permanent lawful resident who is 18 years of age or older and who holds a valid Montana driver’s license or other form of identification issued by the state that has a picture of the person identified. An applicant must have been a resident of the state for at least 6 months. Except as provided in subsection (2), this privilege may not be denied….
Are Machine Guns Legal in Montana?
Yes, you may own a machine gun in Montana, however, using one in the commission of a crime will land you a prison sentence of no less than 20 years.
45-8-303. Possession or use of machine gun in connection with a crime. Possession or use of a machine gun in the perpetration or attempted perpetration of a crime of violence is hereby declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than 20 years.
Is it Legal to Carry a Sword in Montana?
Yes, there are now laws regulating knives, including dirks and switchblades, in Montana.
Can you Carry a Gun While Hiking in Montana?
Yes, you may carry a gun concealed or openly while hiking, in Montana. This is because a concealed carry permit is only required within city limits or populated areas.
What Knives are Illegal in Montana?
There are no laws excluding the ownership of any knife in Montana. This includes dirk and switchblades.
Is Pepper Spray Legal in Montana?
Pepper spray (also known as capsaicin spray) is a lachrymatory agent (a chemical compound that irritates the eyes to cause a burning sensation, pain, and temporary blindness) used in policing, riot control, crowd control, and self-defense, including defense against dogs and bears. Its inflammatory effects cause the eyes to close, taking away vision.
This temporary blindness allows officers to more easily restrain subjects and permits people in danger to use pepper spray in self-defense for an opportunity to escape. It also causes temporary discomfort and burning of the lungs which causes shortness of breath. Pepper Spray is completely legal to own and use in self-defense in Montana.
Personal Sirens are Legal in Montana
When you think of a self-defense weapon an alarm may not be the first thing that comes to mind but believe me a personal alarm is one of the best self-defense weapons that you can have! This isn’t an ordinary alarm.
A personal alarm is more produces a sound of more than 100 decibels. That’s louder than a jackhammer! Trust me when I say it’s shrill and loud. You wouldn’t want this alarm sounding in your ear. Also, causing a scene by making a lot of noise is a great tool to defend yourself against any surprise attack whether it be a mugger or purse snatcher. You can get a good personal alarm here.
Tactical Pens are Legal in Montana
A tactical pen is essentially a hidden self-defense tool. What better way to hide a defense weapon other than in plain sight. It can be used for writing, stopping someone by causing a minor wound, breaking things and even breaking glass if you use it well.
The tactical pens were created for people who don’t want to use a gun for self-defense and wish to have some useful things that can potentially become a weapon. You can get the Ape Survival Multi-Use Tactical pen for free here. It’s a screw diver, hexa-wrench, flashlight, and glass breaker, and yes it actually writes. And of course, it’s legal in the Treasure State