Montana Carry

Montana Carry

This is a discussion on Montana Carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am (finally) getting ready for a relaxing vacation to middle-of-nowhere Montana, and this will be my first trip since I started carrying. I've done ...

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Thread: Montana Carry

  1. #1
    Member Array be44321's Avatar
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    Montana Carry

    I am (finally) getting ready for a relaxing vacation to middle-of-nowhere Montana, and this will be my first trip since I started carrying. I've done my homework and thread searches and all, but I have one more question.

    Is ANY restaurant or convenience store off limits if they sell alcohol for consumption on the premises? I'm thinking specifically of the differences between, say, the grocery store, a family restaurant that serves beer, and Happy's Inn which sells beer and also has a bar in the back. From my understanding it sounds like the grocery store is ok, the restaurant is not ok, and Happy's is a definite no. Correct?

    I will be purchasing Gary Marbut's Gun Laws of Montana when the 2009 edition comes out.


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    Senior Member Array rmodel65's Avatar
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    OpenCarry.org - State Information For Montana

    Complete state preemption of firearms laws except localities may regulate the carrying of concealed or openly carried firearms to:

    * A public assembly
    * A publicly owned building
    * A park under it's jurisdiction
    * A school
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  3. #3
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    Quote Originally Posted by be44321 View Post

    Is ANY restaurant or convenience store off limits if they sell alcohol for consumption on the premises? I'm thinking specifically of the differences between, say, the grocery store, a family restaurant that serves beer, and Happy's Inn which sells beer and also has a bar in the back. From my understanding it sounds like the grocery store is ok, the restaurant is not ok, and Happy's is a definite no. Correct?
    Montana law says that concealed carry is illegal in any place (restaurant, bar, tavern, casino) that serves alcohol for consumption on the premises. Yes, that includes Happy's Inn, Pizza Hut, Sizzler & Perkins, just to name a few. Open carry is legal in these places, but if the owner or manager asks you to to leave, you must comply.

    Grocery stores and convenience stores don't count, because they don't sell alcohol for consumption on the premises.

    By all means, get Marbut's book. It's invaluable.


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    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

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    Member Array remington79's Avatar
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    I never did understand that about Montana. For a state that is pro 2A they sure take a giant step backwards when it comes to carrying in Chilis or Outback.

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    Member Array Firkin's Avatar
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    This is one of those cases where I think that Texas law is more reasonable. You can carry in a restaurant that serves alchohol, unless that establishment makes 51% or more of its revenue through sales of alchohol, in other words, a "bar." All such establishments must be posted with a big 51% sign indicating that they earn 51% or more of its revenue from alchohol sales.

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    Member Array be44321's Avatar
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    Thanks for the help and resources!

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    Quote Originally Posted by be44321 View Post
    I will be purchasing Gary Marbut's Gun Laws of Montana when the 2009 edition comes out.
    It's available for order now, shipping in a few days: click.
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  8. #8
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    CWP Prohibited Places

    45-8-328. Carrying concealed weapon in prohibited place -- penalty. (1) A person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in:
    (a) portions of a building used for state or local government offices and related areas in the building that have been restricted;
    (b) a bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours. It is not an offense under this section to carry a concealed weapon while:
    (i) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or
    (ii) at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services.
    (c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.
    (2) It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500, or both.
    Montana Gun Laws.


    A room, in architecture, is any distinguishable space within a structure. Most typically a room is separated by interior walls from other spaces or passageways; moreover, it is separated by an exterior wall from outdoor areas, sometimes with a door. Historically the use of rooms dates at least to early Minoan cultures about 2200 BC, where excavations on Santorini, Greece at Akrotiri reveal clearly defined rooms within structures.[1]
    Room - Wikipedia, the free encyclopedia

    Places like Apple Bees, Famous Dave's, Out Back Stake House, Texas Road House, all have distinguishable space with in there structure that separate the bar room area from the rest of the restaurant. This is a gray area in the law. I for one don't have a problem carrying in these restaurants as long as I am not drinking or in the room area. YMMV
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  9. #9
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    That's the other good thing about Idaho and Texas, you can carry in a bank. Wyoming is a good compromise for resturants that MT should look at, you can carry just not in the bar section.

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