Quick Legal Facts
Statewide Preemption:
Yes.
Concealed Carry:
Not an issue.
Schools:
The possession of a knife with a blade of 4 or more inches, a sword, or a straight razor is prohibited in schools.
Critical Dimensions:
None.
Restricted Knives:
None.
Any knife may be carried openly or concealed.
Relevant Statutes:
45-8-352. Restriction on local government regulation of knives
45-8-361. Possession or allowing possession of weapon in school building-exceptions-penalties-seizure and forfeiture or return authorized—definitions
Statewide Preemption:
Yes. Effective April 3, 2019, local governments may by ordinance or regulation restrict the possession of knives on property leased or owned by the local government entity, but may not otherwise enact or enforce any restriction on the ownership, use, possession, or sale of any knife.
Restrictions on Sale or Transfer:
None noted.
Concealed Carry:
Not an issue.
Restrictions on Carry in Specific Locations/Circumstances:
A knife with a blade 4 inches or longer may not be possessed or stored in “school buildings” defined as all buildings owned or leased by a local school district that are used for instruction or for student activities. A violation may be punished by a fine not to exceed $500, a jail term not to exceed 6 months or both.
- 2017 Legislation Regarding Knives
A bill labeled H.B. 251, which became law in April 2017, amended 45-8-315 and 45-8-316. The effect of the amendments was the removal of non-firearm weapons from 45-8-316. Cutting instruments that were removed included dirks, daggers, swords, and knives with blades 4 inches in length or longer. The amendment also removed the residual clause “or other deadly weapon” and changed the caption of 45-8-316 from “Carrying concealed weapons” to “Carrying concealed firearms.” The 45-8-315 definition of “concealed weapon” was changed to mean a concealed firearm.
The American Knife & Tool Institute Was Proud to Work with Montana Legislators and the Governor to Make Montana a Very Knife Friendly State
April 10, 2019
Montana citizens and those visiting the state may exercise their own judgement as to the selection and carry of knives.
“While Montana is known for its wide-open spaces and as a paradise for sportsmen, until earlier this month, its knife laws were not in line with the needs of knife users in the outdoors or for many occupational needs,” said CJ Buck, CEO, Buck Knives, and President of the American Knife & Tool Institute, the advocacy nonprofit for the sporting knife and tool industry and knife users.
HB 155, signed into law by Governor Bullock, was introduced by Rep. Casey Knudsen, R-33, solved two issues that the American Knife & Tool Institute proposed be addressed in Montana. First, local governments may no longer enact or enforce an ordinance, rule or regulation that restricts or prohibits the use, possession, or sale of any type of knife that is not specifically prohibited by state law. This protects Montanans and those visiting the state from varying laws in different locations. Second, M.C.A. Section 48-8-331 was repealed which limited the carry or use of an automatic knife to one with a blade of less than one and a half (1-1/2) inch.
“We’re thrilled that the Montana passed HB 155,” said CJ Buck. “This is another step in the right direction to ensuring all law abiding residents of Montana are protected by the state’s laws, and allowed to carry valuable and very user-friendly automatic knives. We thank Governor Bullock for signing the bill allowing self-reliant Montanans the personal freedom to carry the knives they choose.”The changes made with HB 155 became effective immediately on April 3, 2019.
