§ 45-8-322 — Application, Renewal, Permit, And Fees

Montana § 45-8-322

• Jurisdiction: Montana
• Title 45: CRIMES
• Ch. 8: OFFENSES AGAINST PUBLIC ORDER
• Part 3: Weapons

Text

45-8-322 . Application, renewal, permit, and fees. (1) The application form must be readily available at the sheriff's office and must read as follows:
RESIDENT OF MONTANA AT LEAST 6 MONTHS  ( ) Yes  ( ) No
CITIZEN OF THE UNITED STATES  ( ) Yes  ( ) No
18 YEARS OF AGE OR OLDER  ( ) Yes  ( ) No
( ) YES( ) NO
................................................
Signature
................................................
Date of application
This application must be
signed in the presence of
the sheriff or a designee.
(2) The application must be in triplicate. The applicant must be given the original at the time the completed application is filed with the sheriff, the sheriff shall keep a copy for at least 4 years, and a copy must, within 7 days of the sheriff's receipt of the application, be mailed to the chief of police if the applicant resides in a city or town with a police force.
(3) The fee for issuance of a permit is $50. The permit must be renewed for additional 4-year periods upon payment of a $25 fee for each renewal and upon request for renewal made within 90 days before expiration of the permit with a 30-day grace period after the expiration. The permit and each renewal must be in triplicate, in a form prescribed by the department of justice, and must, at a minimum, include the name, address, physical description, signature, driver's license number, state identification card number, or tribal identification card number, and a picture of the permittee. A person in the United States armed forces satisfies the requirement of submitting a picture if the person submits pictures of the front of the person's military identification card and the person's Montana driver's license. The permit must state that federal and state laws on possession of firearms and other weapons differ and that a person who violates the federal law may be prosecuted in federal court and the Montana permit will not be a defense. The permittee must be given the original, and the sheriff shall keep a copy and send a copy to the department of justice, which shall keep a central repository record of all permits. Replacement of a lost permit must be treated as a renewal under this subsection.
(4) The sheriff shall conduct a background check of an applicant to determine whether the applicant is eligible for a permit under 45-8-321 , may require an applicant to submit the applicant's fingerprints, and may charge the applicant $5 for fingerprinting. A renewal does not require repeat fingerprinting.
(5) Permit, background, and fingerprinting fees may be retained by the sheriff and used to implement 45-8-321 through 45-8-324 .
(6) A state or local government law enforcement agency or other agency or any of its officers or employees may not request a permittee to voluntarily submit information in addition to that required on an application and permit.
(7) All of the information on the application is confidential, and the sheriff shall treat the confidential information on the application as confidential criminal justice information pursuant to Title 44, chapter 5.

Legislative History

En. Sec. 2, Ch. 759, L. 1991; amd. Sec. 4, Ch. 581, L. 1999; amd. Sec. 7, Ch. 180, L. 2007; amd. Sec. 1, Ch. 111, L. 2013; amd. Sec. 1, Ch. 134, L. 2015; amd. Sec. 1, Ch. 44, L. 2019; amd. Sec. 1, Ch. 121, L. 2019; amd. Sec. 1, Ch. 290, L. 2023.