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 information, and specifics about the transaction itself like the price paid for the weapon.
Montana has no law that mandates a waiting period to buy a gun and the state is lax on any restrictions for possession.
How to Sell a Firearm Privately
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.
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
Firearm Inheritance Laws
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.
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.
Concealed Carry Permit
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
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
Step 1 – Get Trained
Complete a firearm safety training course as approved by the Department of Fish, Wildlife, and Parks (MT Code § 45-8-321(3)).
Step 2 – Apply
Submit a completed Concealed Weapon Permit Application to your local sheriff’s office.
Step 3 – Get Fingerprinted
Submit fingerprints to an approved fingerprinting agency.
Step 4 – Pay Fees
All applicants must pay a $50 filing fee (current as of June 2023).
Step 5 – Submit to Background Check
Pass a background check per MT Code § 45-8-321.
Step 6 – Wait for Approval or Denial
Your local sheriff’s office will approve or deny your application within 60 days of receiving it.
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.
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 the honor Montana’s permit:
- New Hampshire
- North Carolina
- North Dakota
- South Dakota
- West Virginia
Montana Firearm Bill of Sale Sample
Below is an example of a Montana firearm bill of sale.