Montana question.

Gunfucius

Gunfucius

Joined
Jul 19, 2006
Messages
812
I looked up the knife laws for Montana, seeing as I'm going on a trip there this summer with my youth group. I believe I know the answer to the question I am about to ask, but I want to get a second (or third, or fourth, or fifth, or as many as possible) opinion(s) so as to dispel my remaining doubt. Am I correct in believing you can carry any blade length you want, as long as it is visible?

Here is the law:

Montana - 45-8-316. Carrying concealed weapons. (1) Every
person who carries or bears concealed upon his person a
dirk, dagger... sword cane... knife having a blade 4
inches long or longer, razor not including a safety razor,
or other deadly weapon shall be punished by a fine... or
imprisonment...

Emphasis is mine.

Thanks in advance.:)
 
Yup, the only thing prohibited for open carry is an auto with a blade longer than 1 1/2", atleast that is my understanding of the law.

45-8-331 - Switchblade law.
45-8-316 - Concealed carry law.

Section 12 of the MT constitution:
Section 12. RIGHT TO BEAR ARMS. The right of any person to keep or bear arms
in defense of his own home, person, and property, or in aid of the civil power when thereto legally
summoned, shall not be called in question, but nothing herein contained shall be held to permit the
carrying of concealed weapons.
Click to expand...

IANAL
 
I'll look this up when I'm not on vacation. Just hold on for a couple of days.

EDIT: Back.
Fairly straight forward. As you assumed, open carry of knives of any length is allowed. In fact, unlike most states Montana allows for the open carry of daggers and balisongs. But only open carry. That statue only pertains to concealed carry, in which you may only carry a knife under four inches.
Word of Warning: All automatic knives are prohibited for carry. Knives are banned in bars, or places that serve alcohol. I think a restaurant would be okay however. There is a definition of concealment in the law which states that concealment includes whole or partial concealment of the knife.
As always be careful and don't hesitate to ask for clarification or details.
 
So, if I have a Cold Steel Pocket Bushman (4.5" blade) clipped to my pocket, where only the top is visible, does that count as partial concealment? Thanks for the answers so far, btw.
 
I can only assume so. The actual language is "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. It specifically mentions partial concealment which I can only interpret to now allow you to clip your knife in your pocket in a manner which part of the knife would be not be in plain view, aka concealed.
However unless you are in a high risk area where you may be picked up for another crime it is unlikely any cop will see that knife and arrest you for it. 4.5 looks very close to 4. In any case, play dumb.
Disclaimer: This is not, nor can it be construed as legal advice.
 
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