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Mammals · 11 mins read

Can You Own a Monkey in Montana? What State Law Actually Says

Can you own a monkey in Montana
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Montana is one of the most wildlife-rich states in the country, but that richness comes with firm legal boundaries — especially when it comes to exotic animals. If you have been wondering whether you can own a monkey in Montana, the short answer is no. Both New World primates and Old World monkeys are explicitly listed as prohibited species under state law, and that prohibition leaves almost no room for private ownership.

Understanding exactly why the ban exists, which species it covers, and what happens if you ignore it can save you from serious legal and financial consequences. This guide walks through Montana’s primate laws section by section so you know precisely where you stand.

Important Note: This article is for general informational purposes only and does not constitute legal advice. Laws can change. Always verify current rules directly with the Montana Department of Fish, Wildlife and Parks or a licensed attorney before making any decisions about exotic animal ownership.

Is It Legal to Own a Monkey in Montana?

No — owning a monkey as a private pet is not legal in Montana. Both New World primates and Old World monkeys appear on Montana’s prohibited species list. Prohibited species are defined as live, exotic wildlife species, subspecies, or hybrids that may not be possessed, sold, purchased, exchanged, or transported in Montana, except as provided in MCA 87-5-709 or ARM 12.6.2220.

Section 87-5-705 of the Montana Code Annotated clearly states that a person may not import into the state, possess, or sell any exotic wildlife unless it is allowed by law or rule and the person has obtained a permit. Because monkeys fall under the prohibited category — not the controlled or noncontrolled categories — that permit pathway is not available to private individuals.

Montana is among the states where it is illegal to have a pet monkey, alongside Alaska, California, Colorado, Georgia, Hawaii, Idaho, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, and Pennsylvania. If you are researching exotic pets that are legal in Montana, you will find that the list is more limited than many residents expect.

Key Insight: Montana organizes exotic wildlife into three tiers — noncontrolled, controlled, and prohibited. Monkeys sit in the most restrictive tier, meaning no private ownership permit exists for them under any circumstance.

Which Monkey Species Are Allowed or Banned in Montana

Montana’s prohibited species list does not single out one or two monkey species — it covers entire primate groups. The prohibited list explicitly names both New World primates and Old World monkeys, along with apes, bats, foxes, raccoons, and other species. In practice, this sweeps in virtually every monkey species that someone might consider keeping as a pet.

New World primates include species such as capuchins, squirrel monkeys, marmosets, and tamarins. Montana is specifically listed among the states where pygmy marmosets — one of the most commonly sought small primates — are illegal to own. If you have been researching small monkey breeds, be aware that their compact size does not exempt them from Montana’s prohibition.

Old World monkeys — a group that includes macaques, baboons, and colobus monkeys — are equally banned. Great apes such as chimpanzees, gorillas, and orangutans are also prohibited. In the regulations, great apes are specifically defined as a “prohibited species,” and since ape families fall under ARM 12.6.2215, a permit is issued only to select institutional categories. If you want to learn more about a specific primate group like spider monkeys, you can read about types of spider monkeys — though none of them are legal to keep privately in Montana.

Primate GroupExamplesLegal for Private Ownership in Montana?
New World PrimatesCapuchins, marmosets, squirrel monkeys, tamarinsNo — prohibited species
Old World MonkeysMacaques, baboons, colobus monkeysNo — prohibited species
Great ApesChimpanzees, gorillas, orangutans, gibbonsNo — prohibited species
Lemurs / ProsimiansRing-tailed lemurs, bush babiesNo — covered under primate prohibitions

Permit and License Requirements for Monkey Ownership in Montana

Because monkeys are prohibited — not merely controlled — there is no standard permit route that allows a private individual to own one in Montana. Montana law does not appear to offer a permit exception for private possession under any circumstance. There is not even a grandfather provision for ownership that might have pre-dated the statute.

Since ape families and primate groups are defined as prohibited species under ARM 12.6.2215, any permit that does exist is issued only to select institutional categories. No private possession permits are allowed under this rule.

The narrow exceptions that do exist apply to institutional settings, not households. Both traditional and roadside zoos are allowed to possess apes even though apes are defined as a prohibited species by state regulation. Roadside and accredited zoos are excepted from that subchapter of regulations that otherwise prohibits possession of apes. Similarly, under ARM 12.6.2220, the Montana Department of Fish, Wildlife and Parks may issue a permit for possession of a prohibited species to a rescue facility for exotic wildlife with either national or state agency affiliation engaged in temporary housing of exotic wildlife for the purpose of rescue or relocation.

For controlled exotic species — a separate, less restrictive category that does not include monkeys — a permit pathway does exist. Written authorization to possess a controlled species may be requested by submitting an application that requires information on the exotic species requested, the intended purpose for possession, where the exotic species will be held, and the enclosures intended to contain the exotic species. Monkeys, however, never reach this stage because they are prohibited outright.

Pro Tip: If you are drawn to primates because of their intelligence and social nature, consider volunteering with an accredited sanctuary or zoo. These organizations work with primates legally and often welcome trained volunteers.

Local Laws That May Still Apply in Montana

Even if state law were somehow not an issue, local ordinances add another layer of restriction. Just because an animal is legal to own at the state level does not mean the city you live in allows it. Many local cities and counties have their own restrictions on which animals are legal to keep.

It is your responsibility to comply with all local laws, ordinances, and covenants before importing or possessing live wildlife. Cities like Billings, Missoula, and Great Falls each maintain municipal codes that may independently prohibit exotic or dangerous animals, regardless of what state law says. Some counties also have zoning restrictions that affect where and how any exotic animal can be housed.

This matters because even if you found a legal gray area at the state level — which does not exist for monkeys — a city ordinance could still result in fines, confiscation, or criminal charges. Always check with your city or county government in addition to the Montana Department of Fish, Wildlife and Parks. Montana’s broader wildlife ownership rules follow a similar pattern, where state prohibition and local rules stack on top of each other.

Where You Can Legally Buy a Monkey in Montana

There is no legal avenue for a private resident to purchase a monkey for personal ownership in Montana. Because monkeys are prohibited species, a person may not import into the state, possess, or sell any exotic wildlife unless it is allowed by law or rule. Selling a monkey to a Montana resident — or buying one and bringing it into the state — violates the same statute that bans possession.

Online exotic animal marketplaces, out-of-state breeders, and private sellers cannot legally ship or transfer a primate to you in Montana regardless of what they advertise. Laws regarding the legality of pet primates may change at any time, and data from unofficial sources should not be considered legally authoritative. Always rely on the Montana Fish, Wildlife and Parks department for the definitive current status.

If you are genuinely interested in observing primates up close, Montana has accredited facilities that house them legally. Zoos operating under proper institutional permits comply with the permit requirements and maintain primates according to the standards described in ARM 12.6.1301 to 1309. These are the only settings where you will legally encounter a monkey in Montana.

What It Actually Costs to Own a Monkey in Montana

While private monkey ownership is illegal in Montana, understanding the real costs involved helps explain why the law exists and why enforcement matters. Even in states where primates are legal, the financial and practical demands are substantial — and they often lead to animals being surrendered or neglected.

Purchase prices for common pet monkey species vary widely. Capuchins and macaques typically sell for between $4,000 and $8,000 from licensed breeders in states where they are legal, while smaller species like marmosets can range from $1,500 to $4,000. These are one-time acquisition costs, but the ongoing expenses are far greater.

  • Veterinary care: Primates require exotic animal veterinarians who specialize in their care. Annual checkups, vaccinations, and emergency visits can run $1,000 to $3,000 per year or more.
  • Housing and enclosures: A properly sized, escape-proof enclosure for a single monkey can cost $2,000 to $10,000 to build and must meet specific standards.
  • Diet and enrichment: Primates eat varied, species-specific diets. Food, supplements, and enrichment items can add $1,000 to $2,000 annually.
  • Liability insurance: Many insurers will not cover exotic primate ownership, and those that do charge significantly elevated premiums.
  • USDA licensing: In states where ownership is legal and the animal is used in any commercial capacity, USDA licensing through the Animal Welfare Act may also apply.

The permit process in regulated states evaluates the applicant’s ability to provide appropriate housing, nutrition, and veterinary care. Montana law also considers disease transmission risks in determining which animals can be owned. Primates can carry zoonotic diseases — pathogens transmissible between animals and humans — which is a significant public health factor behind the prohibition. You can read more about primate-related disease risks in our article on monkeypox.

Pro Tip: The lifetime cost of owning a capuchin monkey — which can live 40+ years in captivity — can easily exceed $200,000 when all care, housing, and veterinary expenses are totaled. This financial reality contributes to the high rate of primate surrenders at sanctuaries nationwide.

Penalties for Illegally Owning a Monkey in Montana

Montana takes prohibited species violations seriously, and the penalties reflect that. Violation of the section dealing with the possession and importation of exotic wildlife results in a fine of not less than $50 or more than $1,000, with imprisonment in the county detention center for not more than six months, or both.

The financial consequences extend beyond the base fine. Fines can reach up to $1,000 per illegal animal, and restitution costs for capturing, caring for, or relocating the animals may also be imposed. This means that if authorities seize your monkey, you could be billed for every day it spends in a holding facility before it is relocated or transferred.

The department must also revoke any license or permit issued under this title to the person and deny any application by the person for a license or permit for a period not to exceed two years from the date of conviction. That two-year ban covers all licenses under Montana Fish, Wildlife and Parks jurisdiction — not just exotic wildlife permits.

The fate of the animal itself is also spelled out in statute. If exotic wildlife is held in violation of Part 7, it will be shipped out of state, returned to the point of origin, or destroyed within a time set by the department, not to exceed six months. The law states that the person in possession of the exotic wildlife may choose the method of disposition. The department may charge any person convicted of a violation for the costs associated with the handling, housing, transporting, or destroying of the exotic wildlife.

Beyond state charges, federal law adds another layer. The Lacey Act prohibits trafficking in wildlife that has been illegally taken, possessed, transported, or sold, and it applies to interstate transport of prohibited primates. If a monkey was transported across state lines into Montana, federal charges could accompany state charges. Montana’s overall approach to wildlife law — including its hunting regulations and roadkill laws — consistently reflects the state’s commitment to protecting both wildlife and public safety.

Important Note: Even if you inherited a monkey or received one as a gift and were unaware of the law, Montana’s statute does not include a knowledge requirement for possession violations. Ignorance of the prohibition is not a legal defense.

If you are interested in Montana’s wildlife from a naturalist perspective rather than an ownership angle, the state has no shortage of fascinating native species to observe and study. From the hawks soaring over its plains to the venomous animals found across the state, Montana’s natural world rewards curiosity without the legal risk that comes with exotic primate ownership.

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