Powerful Advocacy,  Investigation, Negotiation, and Litigation

Can the police charge you for having a firearm in your vehicle?

On Behalf of | Feb 18, 2022 | Criminal Law |

The Second Amendment gives you the right to possess firearms, but state and federal law place some limitations on those rights. Federal laws make specific people, like those with certain mental health issues or a history of domestic violence, ineligible for firearm ownership.

Some states restrict the kind of guns people can own or decide that certain groups of people, like felons, cannot own firearms. Other states require licensing or permits for specific firearms or to carry a weapon in public places. Transportation rules are also common.

Could you get arrested for transporting a firearm in your vehicle in Montana?

Montana is an open-carry state

There are currently no specific state laws limiting your right to openly carry a firearm. That includes carrying handguns, rifles or shotguns in your vehicle. There are certain places, like churches, financial institutions and businesses that serve alcohol where you can’t legally possess a firearm. Everywhere else, including in your vehicle, you have the right to openly carry your firearms.

However, even if the law does not prohibit the carrying of firearms, you may still want to invest in a case or storage device so that you aren’t at risk of an accidental discharge or similar incident when transporting your firearms.

It’s also important that you familiarize yourself with the rules in other states. If you cross the border into another state, the firearms that were legal in your vehicle while you were in Montana could suddenly violate the law and put you at risk of an arrest.

Understanding the rules that apply to firearm ownership, storage and transportation can help you avoid or defend against criminal charges.