A hunting-related bill in Montana includes a provision that could affect any small business whose staff uses drones—even incidentally near hunting activity.
Most Montana gym and fitness studio owners don't realize that a bill focused on aircraft and hunting contains a provision that could create serious legal exposure for any small business operating drones in the field.
HB202, titled "Generally revise laws related to the unlawful use of aircraft for hunting," passed the Montana legislature with a buried provision in Section 1, subsection (1)(e) that criminalizes drone possession during hunting activity. While the bill's primary focus is on aircraft used to hunt, this secondary provision has broader implications for businesses beyond traditional hunting operations.
Under Section 1, subsection (1)(e) of HB202, it is unlawful to possess an unmanned aerial vehicle (drone) while engaged in or assisting with hunting activity. The penalty is significant: a criminal fine of $3,000 to $10,000 and automatic loss of hunting, fishing, and trapping privileges for 36 months.
The language is broad. "Possession" means having a drone on hand, and "while hunting" can apply even if the drone itself isn't being used to hunt. This means a drone in a vehicle, backpack, or equipment bag could trigger liability if hunting activity is occurring nearby—even incidentally.
While the provision targets hunters, it extends to any small business whose employees or contractors operate drones in Montana. This includes:
• Agricultural survey and mapping firms
• Wildlife photography and media operations
• Outfitters and guide services
• Land management and conservation groups
• Any business conducting field operations in areas where hunting occurs
If your business operates drones and your staff members also hunt—or if drone operations happen to occur in areas where hunting is taking place—you need to understand this law.
Section 1 of HB202 became effective upon passage and approval of the bill. Critically, this section terminates on December 31, 2026, meaning the provision is currently in effect but will expire at the end of 2026 unless the legislature extends it. Section 2 contains identical language with a different effective date structure.
Businesses should treat this as a current legal requirement, not a future concern.
If your Montana business operates drones or employs people who both hunt and use drones professionally, review your policies now. Consider:
• Clarifying which employees can legally carry drones during hunting season
• Documenting when and where drone operations occur relative to hunting activity
• Training staff on the provision's requirements
• Consulting with legal counsel if your operations overlap with hunting areas
The provision is real, it's in effect, and the penalties are criminal—not civil. This isn't a compliance suggestion; it's a legal obligation.
For a detailed, business-specific guide to HB202 and how it applies to your operations, consult with a Montana business attorney or your industry trade association.