We still see a lot of these signs in Montana, especially from businesses that cater to out of state tourists. Do they have the force of law?

Obligatory legal disclaimer: I am not a lawyer, I do not even play one on TV. Nothing here should be taken as legal advice. If you’re going to act on anything you read here, you should consult an actual attorney. Or you can read the statutes that I’m quoting and come to your own conclusions.

First up is MCA 45-8-328:

45-8-328. Carrying concealed weapon in prohibited place — penalty. (1) Except for a person issued a permit pursuant to 45-8-321 or a person recognized pursuant to 45-8-329, 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 portions of a building used for state or local government offices and related areas in the building that have been restricted.

Violating the “prohibited place” restriction carries a penalty of up to six months in jail and/or a fine of $500. But those places are only defined as government buildings. But what about private property, where there is a gun free zone sticker on the door?

45-8-356: (6) on private property where the owner of the property or the person who possesses or is in control of the property, including a tenant or lessee of the property, expressly prohibits firearms;

Here’s the gray area. A private property owner can place a sticker on the door that says “Guns are prohibited here.” But does that mean they are expressly prohibiting firearms? What does “expressly” mean? There’s no definition anywhere. Montana has a very clear set of requirements for what a “No Trespassing” sign must contain in 45-6-201, but those apply to a no trespassing sign for land. What about a building that is open to the public? My guess is the legislature but that line in the law to satisfy some objections, knowing full well it wouldn’t have any effect.

The consensus among various writers seems to be that those gun free zone signs do not have the force of law in Montana. From The Gun Zone:

Certain owners of private property may choose to install no gun signs. However, these signs do not have legal effects. Although private landowners have the right to ask people carrying firearms to leave, firearms cannot be banned. However, you can be charged with trespassing if you refuse to leave after being asked by the owner or manager.

The owner can put them up, but walking into their business while carrying concealed won’t get you in trouble as long as if they ask you to leave you immediately leave. You have implied permission to enter, but if you don’t leave you are now trespassing.

The real question is why are you giving them your business in the first place? If they don’t respect your right to self defense, don’t go there. These businesses think there’s no downside to putting those signs up. The out of staters who think guns are icky will get a warm fuzzy, and they won’t lose any business from the people that realize they can just ignore them.

How many of these businesses are going to take the responsibility to protect you?

Make it sting. Don’t do business with people that don’t respect your God given basic human right of self defense.