How to Sell a Gun in Montana?
The process of buying purchasing and selling a firearm in Montana is relatively easy as the state is a welcome place for gun rights enthusiasts. However, for those interested in brushing up on the regulations in place and the process of legally owning a firearm, CashMyGuns.com has created a brief overview of the laws currently in place.
The following information was complied from a memorandum on Montana State Laws and Published Ordinance on firearms to the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives from the Montana Office of the Attorney General.
According to the Montana Attorney General, any local government entities may not enact any additional regulations on the sale transfer or purchase of firearms. Below is the legal text:
§ Sec. 45-8-351 Restriction on local government regulation of firearms.
- Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a
rifle, shotgun, handgun, or concealed handgun.
(a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.
(b) Nothing contained in this section allows any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others or to prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.
(c) A local ordinance enacted pursuant to this section may not prohibit a legislative security officer who has been issued a concealed weapon permit from carrying a concealed weapon in the state capitol as provided in 45-8-317.
What are the Requirements to Legally Purchase a Firearm in Montana?
In order to purchase a firearm legally, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old. No permits or registration are required to own a firearm in this state.
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.
This check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
How to Conduct a Private Sale in Montana?
Montana does not regulate private sales of firearms. However, there may be legal ramifications for those who sell a restricted firearm (machine gun, short barrel rifle, explosive weapon, etc.) to those not legally able to own one, or to a person who is legally prohibited from owning a gun (some minors, felons, etc.). Breaking any of the state or federal gun laws during a transaction can result in a criminal charge for those involved. To be sure all regulations are followed during a gun transaction, it is recommended to utilize a Federal Firearms Licensed dealer for the transaction, consult an attorney or local and state law enforcement agencies before entering a transaction.
Montana Firearm Ownership Restrictions
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 07/26/21 from www.atf.gov/file/117281/download and dojmt.gov/features/frequently-asked-firearms-questions/.