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Montana Carry in vehicle without CCW
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Fetus
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Joined: Mon Apr 28th, 2008
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 Posted: Sat Nov 7th, 2009 12:33 pm
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Is it legal to have a pistol in your car without a ccw in montana ??

and if it is how old do you have to be ??

Last edited on Sat Nov 7th, 2009 12:33 pm by Fetus

Augustin
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 Posted: Sat Nov 7th, 2009 07:04 pm
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According to the Montana Department of Justice, “Montana has no prohibitions against carrying a weapon in a motor vehicle, although federal rules may apply in national parks.”

So you can legally have a gun anywhere in your vehicle, either concealed or openly displayed, loaded or unloaded.

However, if you are “inside city, town or logging camp limits” and if “the gun is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon” you’ll need a CWP. Otherwise the gun can be fully concealed anywhere inside the vehicle, just not by your clothing.

http://www.doj.mt.gov/enforcement/criminaljustice/concealedweapons.asp

Augustin
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 Posted: Sat Nov 7th, 2009 07:16 pm
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Fetus wrote: ... how old do you have to be ??

OC age limits in Montana have been discussed by many knowledgable people on this forum before:

http://opencarry.mywowbb.com/forum34/2244.html

MT GUNNY
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Location: Kalispell, Montana USA
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 Posted: Mon Nov 9th, 2009 07:31 pm
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Yes you can have a Loaded or unloaded Pistol or Rifle in you Vehicle In or out of town, Hidden or in plain sight, without a CCP.  Things to keep in mind, A concealed weapon in Montana by definition is on your Person. state and federal laws conflict in regards to Pistol and Age. State says 14 and older, feds say 18.  How old are you?

Fetus
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 Posted: Thu Nov 12th, 2009 02:37 pm
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MT GUNNY wrote:  State says 14 and older, feds say 18.  How old are you?
19 .



Last edited on Thu Nov 12th, 2009 02:37 pm by Fetus

mrjam2jab
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Joined: Sun Apr 26th, 2009
Location: Levittown, Pennsylvania USA
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 Posted: Thu Nov 12th, 2009 03:03 pm
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MT GUNNY wrote: Yes you can have a Loaded or unloaded Pistol or Rifle in you Vehicle In or out of town, Hidden or in plain sight, without a CCP.  Things to keep in mind, A concealed weapon in Montana by definition is on your Person. state and federal laws conflict in regards to Pistol and Age. State says 14 and older, feds say 18.  How old are you?

I thought Fed laws only come into play when traveling to different states?  Maybe we are thinking of 2 different statutes..which federal law are you referring to?

Augustin
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 Posted: Sat Nov 14th, 2009 12:43 am
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mrjam2jab wrote:

I thought Fed laws only come into play when traveling to different states?  Maybe we are thinking of 2 different statutes..which federal law are you referring to?


I'm guessing he was referring to the Youth handgun Safety Act found at 18 U.S.C. § 922 (x)(2) "Knowing possession of handgun by juvenile."

http://www.atf.gov/pub/fire-explo_pub/i53002.pdf

In response to several multiple school shootings, in 1990, Congress enacted the Gun Free School Zones Act, which made it unlawful for anyone to possess a firearm in close proximity to a school.

And in response to that, Montana passed a state law which exempts people in Montana from the federal "gun-free school zones" (45-8-360, M.C.A.).

Then, in 1994, Clintonista signed into law the Youth Handgun Safety Act, which generally bans possession of handguns by people under age 18, and prohibits adults from transferring handguns to juveniles.

Before this amendment, FFLs were prohibited from selling handguns to anyone under age 21, but there were no federal restrictions on the possession of handguns by juveniles or the transfer of handguns to juveniles by non-licensees.

The Youth Handgun Safety Act does not apply to long guns. Since enactment of GCA68, FFLs have been prohibited from selling long guns to persons under age 18. However, no federal law prohibits possession of long guns, including "grandfathered" semiautomatic assault rifles, by juveniles. Nor is it unlawful for an unlicensed individual to transfer a long gun to a juvenile. 

MT GUNNY
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Joined: Sat Jul 21st, 2007
Location: Kalispell, Montana USA
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 Posted: Sat Nov 14th, 2009 12:56 am
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But your 19 so it dont matter to you!

Last edited on Sat Nov 14th, 2009 12:59 am by MT GUNNY


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