§ 16-45. Carrying weapon in prohibited place.  


Latest version.
  • (a)

    It is unlawful for any person to purposely or knowingly carry, concealed or unconcealed, any dirk, dagger, firearm, slingshot, sword, sword cane, billy knuckles made of any metal or hard surface, knife having a blade four inches long or longer, razor, not including a safety razor, or other deadly weapon in the following places:

    (1)

    In a publicly owned building within the city limits;

    (2)

    In a park within the city, unless such person has a concealed weapon permit (CWP) valid in the State of Montana, in which case they may carry the same in a concealed fashion;

    (3)

    In a school within the city limits.

    (b)

    Subsection (a) shall not apply to:

    (1)

    Any peace officer of the State of Montana or of another state who has the power to make arrests;

    (2)

    Any officer of the United States government authorized to carry a concealed weapon;

    (3)

    A person in actual service as a member of the national guard;

    (4)

    A person summoned to the aid of any of the persons named in subsections (b)(1) through (b)(3);

    (5)

    A civil officer or the officer's deputy engaged in the discharge of official business;

    (6)

    A probation and parole officer authorized to carry a firearm under MCA 46-23-1002;

    (7)

    An agent of the department of justice or a criminal investigator in a county attorney's office.

    (c)

    Nothing contained in this section shall prohibit the legitimate display of firearms at shows or other public occasions by collectors or others or the legitimate transportation of firearms through the city, whether in airports or otherwise.

    (d)

    It is not a defense to this section that the person had a valid permit to carry a concealed weapon.

    (e)

    A person convicted of violating this section shall be punished by a fine not to exceed $500.00 or imprisonment in the county jail for a term not to exceed six months, or both.

(Code 1981, § 9.02.440; Ord. No. 1236, § 3, 4-10-12; Ord. No. 1298 , § 3, 8-11-15)