Self Defense
MCA 45-3-102 — force reasonably believed necessary, deadly force against death, serious harm or a forcible felony, and no duty to retreat
A person may use or threaten force to the extent the person reasonably believes it is necessary to defend themselves or another against imminent unlawful force. Force likely to cause death or serious bodily harm is justified only on a reasonable belief that it is necessary to prevent imminent death or serious bodily harm, or a forcible felony.
Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
A person lawfully in a place who is threatened with bodily injury or death has no duty to retreat or to summon law enforcement before using force, apart from the rule for an aggressor.
Anyone not barred from it may openly carry a weapon and say so. A person who reasonably believes someone is threatened with bodily harm may warn or threaten force, including drawing or presenting a weapon.
When police investigate an incident that may involve justifiable force, the investigation is conducted to disclose all the evidence, including what supports the claim of justification.
Sources for this section (4)
- MCA 45-3-102 — Use of force in defense of person
- MCA 45-3-110 — No duty to summon help or flee
- MCA 45-3-111 — Openly carrying weapon -- display
- MCA 45-3-112 — Investigation of alleged offense involving claim of justifiable use of force
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.