45-8-316. Carrying concealed firearms -- exemption. (1) A person who carries or bears concealed upon the individual's person a firearm shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both.
(2) A person who has previously been convicted of an offense, committed on a different occasion than the offense under this section, in this state or any other jurisdiction for which a sentence to a term of imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon the individual's person a firearm shall be punished by a fine not exceeding $1,000 or be imprisoned in the state prison for a period not exceeding 5 years, or both.
(3) This section does not apply to a person eligible to possess a firearm under state or federal law.
History: En. Sec. 1, Ch. 74, L. 1919; re-en. Sec. 11302, R.C.M. 1921; re-en. Sec. 11302, R.C.M. 1935; Sec. 94-3525, R.C.M. 1947; redes. 94-8-210 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 36, Ch. 359, L. 1977; amd. Sec. 1, Ch. 411, L. 1977; R.C.M. 1947, 94-8-210; amd. Sec. 1708, Ch. 56, L. 2009; amd. Sec. 2, Ch. 230, L. 2017; amd. Sec. 9, Ch. 3, L. 2021.
Structure Montana Code Annotated
Chapter 8. Offenses Against Public Order
45-8-301. Uniformity of interpretation
45-8-303. Possession or use of machine gun in connection with a crime
45-8-304. Possession or use of machine gun for offensive purpose
45-8-305. Presumption of offensive or aggressive purpose
45-8-311. and 45-8-312 reserved
45-8-313. Unlawful possession of firearm by convicted person
45-8-314. Lifetime firearms supervision of certain convicted persons
45-8-316. Carrying concealed firearms -- exemption
45-8-318. Possession of deadly weapon by prisoner or youth in facility
45-8-321. Permit to carry concealed weapon
45-8-322. Application, renewal, permit, and fees
45-8-323. Denial of renewal -- revocation of permit
45-8-326. Immunity from liability
45-8-327. Carrying concealed weapon while under influence
45-8-328. Carrying concealed weapon in prohibited place -- penalty
45-8-329. Concealed weapon permits from other states recognized -- advisory council
45-8-333. Reckless or malicious use of explosives
45-8-334. Possession of destructive device
45-8-335. Possession of explosives
45-8-336. Possession of silencer
45-8-338. Firearms certificates for qualified retired law enforcement officers
45-8-340. Sawed-off firearm -- penalty
45-8-344. Use of firearms by children under 14 years of age prohibited -- exceptions
45-8-345. Criminal liability of parent or guardian -- prosecution
45-8-346. through 45-8-350 reserved
45-8-351. Restriction on local government regulation of firearms
45-8-352. Restriction on local government regulation of knives
45-8-355. Legislative findings
45-8-356. Where concealed weapon may be carried -- exceptions
45-8-357. Prohibition on infringement of constitutional rights
45-8-358. Regulation of firearms prohibited for certain people -- exceptions
45-8-359. Remedy for violations
45-8-360. Establishment of individual licensure
45-8-362. through 45-8-364 reserved