(A) Unlawful to carry firearms and concealed weapons; exceptions.
(1) Every person who carries or bears concealed upon the individual’s person a firearm, dirk, dagger, sword cane, billy club, knuckles made of any metal or hard substance, knife having a blade four inches long or longer, razor, not including a safety razor, or other deadly weapon shall be punished by a fine as set forth in § 130.99 of this chapter.
(2) This division (A) shall not apply to:
(a) Any peace officer of the state or another state who has the power to make arrests;
(b) Any officer of the United States government authorized to carry a concealed weapon;
(c) A person in actual service as a member of the National Guard;
(d) A person summoned to the aid of any of the persons named in divisions (A)(2)(a) through (A)(2)(c) above;
(e) A civil officer or his or her deputy engaged in the discharge of official business;
(f) A person authorized by a judge of a district court of the state to carry a weapon;
(g) A probation and parole officer authorized to carry a firearm under M.C.A. § 46-23-1002;
(h) A person issued a permit under M.C.A. § 45-8-321 or a person with a permit recognized under M.C.A. § 45-8-329;
(i) An agent of the Department of Justice or a criminal investigator in a County Attorney’s office;
(j) A person who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching or other outdoor activity in which weapons are often carried for recreation or protection; or
(k) The carrying of arms on one’s own premises or at one’s home or place of business.
(Prior Code, § 9.06.010)
(B) Unlawful to discharge firearms. No person shall shoot or discharge any pistol, rifle, air rifle or pistol or other firearm within the town limits, except when done in the lawful defense of the person, property or family or in the necessary enforcement of the law.
(Prior Code, § 9.06.020)
(C) Permits. The Town Council may at any time, upon application, grant permits to shooting galleries, gun clubs and others for shooting within the municipal limits in fixed localities and under fixed rules. Such permits shall be in writing, attested by the Clerk conforming to such requirements as the Council shall demand, and the permit thus issued shall be subject to revocation at any time by action of the Council.
(Prior Code, § 9.06.030)
(D) Carrying concealed weapon while under influence. A person commits the offense of carrying a concealed weapon while under the influence if the person purposely or knowingly carries a concealed weapon while under the influence of an intoxicating substance. It is not a defense that the person had a valid permit to carry a concealed weapon.
(E) Carrying concealed weapon in prohibited places. Except for legislative security officers authorized to carry a concealed weapon in the state capitol, as provided in M.C.A. § 45-8-317(1)(k), 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:
(1) Portions of a building used for state or local government offices and related areas in the building that have been restricted;
(2) 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 division (E) to carry a concealed weapon while:
(a) Using an institution’s drive-up window, automatic teller machine or unstaffed night depository; or
(b) 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 is using the institution’s financial services.
(4) It is not a defense that the person had a valid permit to carry a concealed weapon.
(Ord. 187, passed - -; Ord. 340, passed 12-9-2019) Penalty, see § 130.99