Montana restaurant carry

Montana restaurant carry

This is a discussion on Montana restaurant carry within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I just read through Montana code 45-8-328. It specifically states "Concealed weapons" nothing about openly carried. And the NRA-ILA and Opencarry.com say it's legal... I'd ...

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  1. #1
    Member Array Takeem406's Avatar
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    Montana restaurant carry

    I just read through Montana code 45-8-328.
    It specifically states "Concealed weapons" nothing about openly carried.
    And the NRA-ILA and Opencarry.com say it's legal...

    I'd like to be able to take my wife and wee little one to Applebee's or similar places and still be safe.

    Obviously I wouldn't be drinking because here it's illegal to carry while under the influence.

    Just wondering if any one has open carried in a Montana restaurant or any restaurants that serve.

    I prefer concealed carry but I do occasionally open carry and im all for it. Just wondering on the reactions. Lots of hoplophobic people in Montana!

    I guess make sure I have a copy of 45-8-328 and sit away from the bar area...?


    In God and Glock we Trust


  2. #2
    Distinguished Member Array Chaplain Scott's Avatar
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    You can open carry in restaurants that serve alcohol, and in banks as well---however, they are private establishments, and the management MAY ask you to leave, and if they do, then you must leave or face criminal trespass charges..........

    As an alternative, take a backpack, or fanny pack, or briefcase in with you, with your weapon inside: "45-8-315. Definition. "Concealed weapon" means any weapon mentioned in 45-8-316 through 45-8-318 and 45-8-321 through 45-8-328 that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon, except that for purposes of 45-8-321 through 45-8-328, concealed weapon means a handgun or a knife with a blade 4 or more inches in length that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon. " (Underline added by me) Unless you have to pull it out, nobody knows you have it, and you are legal without frightening anyone.
    Scott, US Army 1974-2004

    Freedom is never more than one generation away from extinction. It must be fought for, protected, and handed on or one day we will spend our sunset years telling our children what it was once like in the United States where men were free.
    - Ronald Reagan

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    Give a guy a little schooling and he thinks he knows all the answers.
    Chaplain Scott likes this.
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    Distinguished Member Array Chaplain Scott's Avatar
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    Quote Originally Posted by OldVet View Post
    Give a guy a little schooling and he thinks he knows all the answers.
    Scott, US Army 1974-2004

    Freedom is never more than one generation away from extinction. It must be fought for, protected, and handed on or one day we will spend our sunset years telling our children what it was once like in the United States where men were free.
    - Ronald Reagan

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    Member Array Takeem406's Avatar
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    I've had the wife carry one in her purse for me...

    Time for a tacticool diaper bag maybe!

    I usually just use the bank drive through as much as possible.

    The problem I could see is if I was asked not to carry. I kind of take it personally if I can't carry open or concealed in a store.

    It would probably be a smart responsible thing to asked the manager of the restaurants to avoid a ruined evening or hard feelings.

    Definitely would call Wells Fargo before open carrying in their. I'd hate for some uneducated teller to hit the panic button.

    In God and Glock we Trust

  6. #6
    Member Array Takeem406's Avatar
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    On a similar note the wife saw a guy open carry in Applebee's without an issue a few weeks ago....



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    VIP Member Array multistage's Avatar
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    Unless they have changed the rules since I lived there (left Missoula in '05), I was under the impression that if alcohol was served on the premises, no guns. Could be wrong, but when we visit, gun stays in the truck when we go out to eat. If I'm wrong, let me know. Headed up there next month. Wife is from Hamilton.

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    Member Array bigsky109's Avatar
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    I believe the answer was already posted here. You can "OPEN CARRY" in a backpack, purse or some other bag. I will start to utilize my wife's purse unless we are riding on the motorcycle then the TANK BAG will suffice. Open carry up here and most people don't even blink. Especially during hunting season. I have seen many hunters enter McDonalds with their pistols on their waste belts. Almost every small town restaurant up here has a bar in it, I wish they would change the law!
    "The key to freedom is the ability to defend yourself"

  9. #9
    Member Array bigarm's Avatar
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    That is one law that I wished was changed. I see no reason one can not carry in an establishment that serves alcohol as long as you are not in the bar area and not drinking. We were able to do so in Washington and I never saw any problems in the 31 years I lived there.

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    Member Array thebucketeer's Avatar
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    Quote Originally Posted by Chaplain Scott View Post
    You can open carry in restaurants that serve alcohol, and in banks as well---however, they are private establishments, and the management MAY ask you to leave, and if they do, then you must leave or face criminal trespass charges..........

    As an alternative, take a backpack, or fanny pack, or briefcase in with you, with your weapon inside: "45-8-315. Definition. "Concealed weapon" means any weapon mentioned in 45-8-316 through 45-8-318 and 45-8-321 through 45-8-328 that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon, except that for purposes of 45-8-321 through 45-8-328, concealed weapon means a handgun or a knife with a blade 4 or more inches in length that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon. " (Underline added by me) Unless you have to pull it out, nobody knows you have it, and you are legal without frightening anyone.
    Wouldn't a fanny pack or backpack be considered "apparel" in this instance? If not clear and established, that's not one I'd want to mess with. Seems like quite a quibble to put a gun in a backpack or purse that is readily accessible, but not have it qualify as "concealed."

  11. #11
    Distinguished Member Array Chaplain Scott's Avatar
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    Quote Originally Posted by thebucketeer View Post
    Wouldn't a fanny pack or backpack be considered "apparel" in this instance? If not clear and established, that's not one I'd want to mess with. Seems like quite a quibble to put a gun in a backpack or purse that is readily accessible, but not have it qualify as "concealed."
    Well, its possible for that interpretation (backpack as "wearing apparel"), however, backpacks, purses, etc are NOT included in the definition, and I Googled "wearing apparel" and found no common definitions that included backpacks, briefcases, etc.

    If the law does not prohibit something, then it is legal. Montana Codes are written by a pretty independent lot For example--vehicle carry is not prohibited, therefore, it is considered legal. Also, as an example of the independent mindset---if Law Enforcement is in pursuit of a subject, for a MISDEMEANOR crime (say for example a first DUI offense), and they get into their home, we cannot go into the home and arrest them, after dark in their own home for a misdemeanor crime. Now, we can come back for them once its daylight......... since we now know where they live.
    Scott, US Army 1974-2004

    Freedom is never more than one generation away from extinction. It must be fought for, protected, and handed on or one day we will spend our sunset years telling our children what it was once like in the United States where men were free.
    - Ronald Reagan

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    Member Array bigsky109's Avatar
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    Wearing Apparel is defined as articles of clothing, a covering especially outer garments. The CCW instructor that gave our class was a lawyer and under Montana law he stated purses, backpacks or the such is NOT considered clothing. I guess if you think about it this way it sounds correct.....What would the police do if you went out in public with just a backpack or fanny pack on without any clothes? I bet you would be arrested....LOL
    "The key to freedom is the ability to defend yourself"

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    Member Array thebucketeer's Avatar
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    Quote Originally Posted by bigsky109 View Post
    Wearing Apparel is defined as articles of clothing, a covering especially outer garments. The CCW instructor that gave our class was a lawyer and under Montana law he stated purses, backpacks or the such is NOT considered clothing. I guess if you think about it this way it sounds correct.....What would the police do if you went out in public with just a backpack or fanny pack on without any clothes? I bet you would be arrested....LOL
    Interesting. So wife could have one in her purse and be legal, but you can't have one in the pocket of your jacket?

  14. #14
    Member Array bigsky109's Avatar
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    Quote Originally Posted by thebucketeer View Post
    Interesting. So wife could have one in her purse and be legal, but you can't have one in the pocket of your jacket?
    Correct since the pocket is in something you wear...(CLOTHING) But if the pocket is in a briefcase, backpack or purse then it is ok.... This law is really in need of change....makes no sense.
    "The key to freedom is the ability to defend yourself"

  15. #15
    Member Array Takeem406's Avatar
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    When I was waiting for my carry permit to arrive I open carried all over Great Falls and even Wyoming.
    It's funny to think but there were a few people in Walmart that must have not grown up here. One ended up causing a little scene and another gentlemen told me I wasn't covered. Another guy in a restroom definitely got freaked out.

    One unsupervised kid told me I didn't need to carry because the Army would protect me. Though there's not much for Army personnel in our area, just Air Force...

    Also Town Pump is totally anti carry. In White Sulphur Springs of all places my buddy and I were told that guns weren't allowed in their store... I mean the town had only a couple hundred ranches in it! So now I avoid Town Pumps at all cost.

    Also the Great Falls Big R doesn't allow open carry. They don't see a dime from me either!


    I guess that's the plus about concealed is to appease hoplophobics. Pretty sad it's come to that. Not so much oh the bad guy will take you out first... Just so the California immigrants don't flip out.

    Not sure why a lot of concealed carry people loath open carriers. Man if your legal and remember your representing all gun owners, go for it. But doing it to bait uneducated cops, flat stupid. Luckily in Montana the cops are great.


    In God and Glock we Trust

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