New Federal Law Impacts Montana Gun Shows

On Thursday, April 11th, the Biden Administration announced that it would close the so-called "gun show loophole."

Ultimately, this means changing the language regarding what is considered to be or what constitutes a gun sale or transaction.

So, what does this mean for Montana and gun shows around the state? 

This article is not meant to provide legal advice, so do your own research! 

Private Firearm Sales

Currently, Montana Law allows for the sale of a firearm among private parties.

The details on Montana Code § 45-8-351 are here. 

This means that a background check is not required to purchase a firearm from another person in Montana.

This law allows private citizens to buy, sell, or trade firearms at gun shows without possessing a Federal Firearms License. 

Gun Show Loophole

What is referred to as the "Gun Show Loophole" is the ability for anyone to go to a gun show and purchase a firearm without going through a background check process.

As mentioned above, this is currently legal in Montana and several other states.

However, this is not legal in all states, and some do in fact require a background check on all firearm transactions. 

Gun Sales In Montana

So, what does this mean for firearm sales in Montana?

Well, in theory, once the language is changed, all "sales" will require a background check, which can only be conducted by a Federal Firearms Licensee.

To my understanding, this law will not limit the transfer of firearms among private parties. 

So, in other words, as long as you're not engaging in the business of selling firearms, you're ok.

I could be wrong; this is my interpretation at this point.

According to Attorney General Merrick Garland.

"Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store: if you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks."

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