You can use a Montana Firearm Bill of Sale to record a gun sale transaction in the state. Learn about Montana firearm laws and how to create a bill of sale customized to your situation.
- What Is a Montana Firearm Bill of Sale Form?
- What Are the Requirements for Selling a Firearm in Montana?
- Documents Needed to Complete a Firearm Bill of Sale in Montana
- Additional Montana Firearm Laws
- Concealed and Open Carry Laws in Montana
- Montana Firearm Reciprocity
- How to Write a Firearm Bill of Sale in Montana
- Montana Firearm Bill of Sale Sample
What Is a Montana Firearm Bill of Sale Form?
A Montana firearm bill of sale documents a firearm transfer from one private party to another.
It captures the buyer’s and seller’s details, the firearm’s details, and the transaction itself.
What Are the Requirements for Selling a Firearm in Montana?
If you want to sell a firearm in Montana, you must be aware of the rules guiding the sale of weapons.
Here are some of the things you should know:
Private Parties Selling Firearms in Montana
By the provisions of Montana Code § 45-8-351, a private party who owns a firearm legally can also sell it without a license as long as the buyer can legally own a gun.
Montana does not require a license to sell or a permit to purchase.
Does the Law in Montana Require a Firearm Bill of Sale?
No. A firearm bill of sale records a transaction between private parties. No Montana law mandates you to complete a firearm bill of sale.
Gun Inheritance Laws in Montana
Beneficiaries of a deceased firearm owner can inherit that person’s firearm in Montana if they are not disqualified from owning guns.
The executors or personal representatives can transfer the firearms to the beneficiaries, and there’s no need to register them.
However, the situation is different if there are NFA firearms involved. NFA firearms are weapons regulated under the National Firearms Act, including short-barreled shotguns and rifles, silencers, suppressors, and machine guns.
Because of the issues around transferring NFA firearms, it is recommended to transfer NFA firearms to beneficiaries through a federal firearms license dealer or a gun trust.
Documents Needed to Complete a Firearm Bill of Sale in Montana
You don’t need additional documents to complete a firearm bill of sale in Montana because documenting your firearm transaction is optional.
Additional Montana Firearm Laws
Although Montana has somewhat loose firearm laws, you still need to know the following rules:
Who Cannot Purchase a Firearm in Montana?
Per Montana Code § 45-8-313, The following people are prohibited from owning guns in Montana:
- Anyone who has been convicted of a felony for which they received an additional sentence under Montana Code § 46-18-221, which imposes extra punishment for an offense committed with a dangerous weapon
- Anyone who committed an offense in another state or a federal offense equivalent to a Montana offense would be subject to an additional sentence under Montana Code § 46-18-221
- Anyone who has been convicted of a felony that currently requires them to register for the sexual or violent offender registry
Does Montana Have a Waiting Period for Firearm Sales?
Montana has no law that mandates a waiting period.
Can You Buy a Firearm in Montana Without Registering It?
Yes, Montana firearm laws do not require registering a firearm after buying it. Montana Code § 45-8-351 prohibits government or municipal agencies from requiring private firearms registration with the state.
Does a Firearm Bill of Sale Have to Be Notarized in Montana?
Montana doesn’t require a gun bill of sale. Therefore notarization is advisable, but it’s optional.
Is a Record of Firearms Sent to Police in Montana?
Although transferring firearms between private individuals do not require registration in Montana, all firearms transfers by licensed dealers are processed directly through the FBI.
Concealed and Open Carry Laws in Montana
Both concealed and open carry of firearms are allowed in Montana for anyone who is older than 18 years of age and does not fall into one of the prohibited categories.
However, although you don’t need a permit, you can decide to obtain one to carry a concealed weapon in the state if you want it for reciprocity purposes.
How to Apply to Carry a Firearm in Montana
Montana laws, specifically Montana Code § 45-8-321, allow you to apply for a license to carry a concealed weapon.
A county sheriff will issue a permit to carry a concealed weapon within 60 days of receiving an application if the applicant meets the following criteria:
- Is a United States citizen or a lawful permanent resident
- Is at least 18 years of age
- Holds a valid Montana driver’s license or another form of photo identification issued by the state
- Has been a resident of Montana for at least six months
In addition, they must also not be disqualified by any grounds under Montana Code § 45-8-321. The application form and fees can be found in Montana Code § 45-8-322.
Montana Firearm Reciprocity
According to Montana Code § 45-8-329(1)(c), Montana recognizes every state’s concealed carry permits requiring a criminal records background check as part of their permit application process.
The Montana Attorney General’s office determines the states.
States With Permits Honored in Montana
Montana honors the permits of every state except for the following:
- District of Columbia
- New Hampshire
- Rhode Island
- Vermont (does not issue concealed weapon permits)
States That Honor Montana’s Permits
- New Hampshire
- North Carolina
- North Dakota
- South Dakota
- West Virginia
How to Write a Firearm Bill of Sale in Montana
Step 1 – Add the Seller’s and Buyer’s Details
Write their full names and mailing addresses. Including both parties’ driver’s licenses or state ID numbers and contact information is advisable.
Step 2 – Describe the Firearm
Write the manufacturer, make, model, serial number, caliber, and other particulars that may be used to identify the firearm.
Step 3 – Add the Date and Location of the Sale
This is to clearly state where and when the date the firearm was transferred from the seller to the buyer.
Step 4 – State the Price of the Firearm and the Method of Payment
State whether the payment was made in cash or by check or bank transfer. You can also state whether you’ve agreed to a single payment or a payment plan.
Step 5 – Add the Parties’ Signatures
A signature from each party is enough to transfer the firearm from the seller to the buyer. Optionally, you can have the document notarized at this stage as well.
Private individuals in Montana can validly transfer firearm ownership from one party to another without any license, permit, or registration.
Use our builder to create a Montana firearm bill of sale or Montana firearm transfer form.
Montana Firearm Bill of Sale Sample
Below is an example of a Montana firearm bill of sale.