2011 Montana Code Annotated
TITLE 45. CRIMES
CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER
Part 3. Weapons
45-8-317. Exceptions.


MT Code § 45-8-317 (1993 through 62d Legis Reg Sess) What's This?


45-8-317. Exceptions. (1) Section 45-8-316 does not apply to:
(a) any peace officer of the state of Montana or of another state who has the power to make arrests;
(b) any officer of the United States government authorized to carry a concealed weapon;
(c) a person in actual service as a member of the national guard;
(d) a person summoned to the aid of any of the persons named in subsections (1)(a) through (1)(c);
(e) a civil officer or the officer's deputy engaged in the discharge of official business;
(f) a probation and parole officer authorized to carry a firearm under 46-23-1002;
(g) a person issued a permit under 45-8-321 or a person with a permit recognized under 45-8-329;
(h) an agent of the department of justice or a criminal investigator in a county attorney's office;
(i) a person who is outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp or who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection;
(j) the carrying of arms on one's own premises or at one's home or place of business; or
(k) the carrying of a concealed weapon in the state capitol by a legislative security officer who has been issued a permit under 45-8-321 or with a permit recognized under 45-8-329.
(2) With regard to a person issued a permit under 45-8-321, the provisions of 45-8-328 do not apply to this section.

History: En. Sec. 3, Ch. 74, L. 1919; re-en. Sec. 11304, R.C.M. 1921; re-en. Sec. 11304, R.C.M. 1935; Sec. 94-3527, R.C.M. 1947; amd. Sec. 1, Ch. 63, L. 1969; amd. Sec. 1, Ch. 54, L. 1971; redes. 94-8-212 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 37, Ch. 359, L. 1977; R.C.M. 1947, 94-8-212; amd. Sec. 2, Ch. 639, L. 1989; amd. Sec. 10, Ch. 759, L. 1991; amd. Sec. 195, Ch. 42, L. 1997; amd. Sec. 1, Ch. 476, L. 1999; amd. Sec. 1, Ch. 384, L. 2011.

Disclaimer: These codes may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.