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Montana Gun Laws

last updated: May 26, 2016

Gun laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://leg.mt.gov/bills/mca_toc/.

Montana Constitution Article II, Section 12

The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.

Montana Constitution Article VI, Section 13(2)

The militia forces shall consist of all able-bodied citizens of the state except those exempted by law.

TITLE 10 - MILITARY AFFAIRS AND DISASTER AND EMERGENCY SERVICES

CHAPTER 3 - Disaster And Emergency Services

Part 1 - General Provisions and Administration

§10-3-114 - Confiscation of firearm by government prohibited -- private right of action -- costs and expenses.
  1. Following a declaration of an emergency or disaster pursuant to this chapter, a peace officer or other person acting or purporting to act on behalf of the state or a political subdivision of the state may not take a confiscation action.
  2. After a violation of subsection (1) has occurred, the party injured by a confiscation action may bring an action for damages in a court having jurisdiction.
  3. A party awarded damages pursuant to this section must also be awarded the party's costs and expenses in bringing the action, including reasonable attorney fees.
    1. As used in this section, "confiscation action" means the intentional deprivation by a person in Montana of a privately owned firearm.
    2. The term does not include the taking of a firearm from a person:
      1. in self-defense;
      2. possessing a firearm while the person is committing a felony or misdemeanor; or
      3. who may not lawfully possess the firearm because of a prior criminal conviction.

History: En. Sec. 1, Ch. 459, L. 2007.

TITLE 30 - TRADE AND COMMERCE

CHAPTER 20 - Firearms Made In Montana

Part 1 - Montana Firearms Freedom Act

§30-20-101 - Short title.

This part may be cited as the "Montana Firearms Freedom Act".

History: En. Sec. 1, Ch. 205, L. 2009.

§30-20-102 - Legislative declarations of authority.

The legislature declares that the authority for this part is the following:

  1. The 10th amendment to the United States constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
  2. The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Montana certain rights as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
  3. The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.
  4. The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the guaranty of the right is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
  5. Article II, section 12, of the Montana constitution clearly secures to Montana citizens, and prohibits government interference with, the right of individual Montana citizens to keep and bear arms. This constitutional protection is unchanged from the 1889 Montana constitution, which was approved by congress and the people of Montana, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

History: En. Sec. 2, Ch. 205, L. 2009.

§30-20-103 - Definitions.

As used in this part, the following definitions apply:

  1. "Borders of Montana" means the boundaries of Montana described in Article I, section 1, of the 1889 Montana constitution.
  2. "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.
  3. "Generic and insignificant parts" includes but is not limited to springs, screws, nuts, and pins.
  4. "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.

History: En. Sec. 3, Ch. 205, L. 2009.

§30-20-104 - Prohibitions.

A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Montana from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Montana and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Montana does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Montana from those materials. Firearms accessories that are imported into Montana from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Montana.

History: En. Sec. 4, Ch. 205, L. 2009.

§30-20-105 - Exceptions.

Section 30-20-104 does not apply to:

  1. a firearm that cannot be carried and used by one person;
  2. a firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, not black powder, as a propellant;
  3. ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
  4. a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

History: En. Sec. 5, Ch. 205, L. 2009.

§30-20-106 - Marketing of firearms.

A firearm manufactured or sold in Montana under this part must have the words "Made in Montana" clearly stamped on a central metallic part, such as the receiver or frame.

History: En. Sec. 6, Ch. 205, L. 2009.

TITLE 45 - CRIMES

CHAPTER 3 - Justifiable Use Of Force

Part 1 - When Force Justified

§45-3-101 - Definitions.
  1. "Force likely to cause death or serious bodily harm" within the meaning of this chapter includes but is not limited to:
    1. the firing of a firearm in the direction of a person, even though no purpose exists to kill or inflict serious bodily harm; and
    2. the firing of a firearm at a vehicle in which a person is riding.
  2. "Forcible felony" means any felony which involves the use or threat of physical force or violence against any individual.

History: En. 94-3-101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-101

§45-3-102 - Use of force in defense of person.

A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary for self-defense or the defense of another against the other person's imminent use of unlawful force. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony.

History: En. 94-3-102 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-102; amd. Sec. 1643, Ch. 56, L. 2009.

§45-3-103 - Use of force in defense of occupied structure.
  1. A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.
  2. A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:
    1. the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or
    2. the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.

History: En. 94-3-103 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-103; amd. Sec. 1644, Ch. 56, L. 2009; amd. Sec. 4, Ch. 332, L. 2009.

§45-3-104 - Use of force in defense of other property.

A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary to prevent or terminate the other person's trespass on or other tortious or criminal interference with either real property, other than an occupied structure, or personal property lawfully in the person's possession or in the possession of another who is a member of the person's immediate family or household or of a person whose property the person has a legal duty to protect. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent the commission of a forcible felony.

History: En. 94-3-104 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-104; amd. Sec. 1645, Ch. 56, L. 2009.

§45-3-105 - Use of force by aggressor.

The justification described in 45-3-102 through 45-3-104 is not available to a person who:

  1. is attempting to commit, committing, or escaping after the commission of a forcible felony; or
  2. purposely or knowingly provokes the use of force against the person, unless:
    1. the force is so great that the person reasonably believes that the person is in imminent danger of death or serious bodily harm and that the person has exhausted every reasonable means to escape the danger other than the use of force that is likely to cause death or serious bodily harm to the assailant; or
    2. in good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that the person desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

History: En. 94-3-105 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-105; amd. Sec. 1646, Ch. 56, L. 2009.

§45-3-106 - Use of force to prevent escape.
  1. A peace officer or other person who has an arrested person in custody is justified in the use of force to prevent the escape of the arrested person from custody that the officer or other person would be justified in using if the officer or other person were arresting the person.
  2. A guard or other peace officer is justified in the use of force, including force likely to cause death or serious bodily harm, that the guard or officer reasonably believes to be necessary to prevent the escape from a correctional institution of a person whom the guard or officer reasonably believes to be lawfully detained in the institution under sentence for an offense or awaiting trial or commitment for an offense.

History: En. 94-3-106 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-106; amd. Sec. 1647, Ch. 56, L. 2009.

§45-3-107 - Use of force by parent, guardian, or teacher.

A parent or an authorized agent of a parent or a guardian, master, or teacher is justified in the use of force that is reasonable and necessary to restrain or correct the person's child, ward, apprentice, or pupil.

History: En. 94-3-107 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-107; amd. Sec. 1648, Ch. 56, L. 2009.

§45-3-108 - Use of force in resisting arrest.

A person is not authorized to use force to resist an arrest that the person knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if the person believes that the arrest is unlawful and the arrest in fact is unlawful.

History: En. 94-3-108 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-108; amd. Sec. 1649, Ch. 56, L. 2009.

§45-3-109 - Execution of death sentence.

A person who puts a person to death pursuant to a sentence of a court of competent jurisdiction is justified if the person acts in accordance with the sentence pronounced and the law prescribing the procedure for execution of a death sentence.

History: En. 94-3-109 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-109; amd. Sec. 3, Ch. 411, L. 1983; amd. Sec. 1650, Ch. 56, L. 2009.

§45-3-110 - No duty to summon help or flee.

Except as provided in 45-3-105, a person who is lawfully in a place or location and who is threatened with bodily injury or loss of life has no duty to retreat from a threat or summon law enforcement assistance prior to using force. The provisions of this section apply to a person offering evidence of justifiable use of force under 45-3-102, 45-3-103, or 45-3-104.

History: En. Sec. 1, Ch. 332, L. 2009.

§45-3-112 - Investigation of alleged offense involving claim of justifiable use of force.

When an investigation is conducted by a peace officer of an incident that appears to have or is alleged to have involved justifiable use of force, the investigation must be conducted so as to disclose all evidence, including testimony concerning the alleged offense and that might support the apparent or alleged justifiable use of force.

History: En. Sec. 3, Ch. 332, L. 2009.

§45-3-113 through 45-3-114 reserved.

§45-3-115 - Affirmative defense.

A defense of justifiable use of force based on the provisions of this part is an affirmative defense.

History: En. 94-3-112 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-112.

CHAPTER 6 - Offenses Against Property

Part 2 - Criminal Trespass and Burglary

§45-6-201 - Definition of enter or remain unlawfully.
  1. A person enters or remains unlawfully in or upon any vehicle, occupied structure, or premises when the person is not licensed, invited, or otherwise privileged to do so. Privilege to enter or remain upon land is extended either by the explicit permission of the landowner or other authorized person or by the failure of the landowner or other authorized person to post notice denying entry onto private land. The privilege may be revoked at any time by personal communication of notice by the landowner or other authorized person to the entering person.
  2. To provide for effective posting of private land through which the public has no right-of-way, the notice provided for in subsection (1) must satisfy the following requirements:
    1. notice must be placed on a post, structure, or natural object by marking it with written notice or with not less than 50 square inches of fluorescent orange paint, except that when metal fenceposts are used, the entire post must be painted; and
    2. the notice described in subsection (2)(a) must be placed at each outer gate and normal point of access to the property, including both sides of a water body crossing the property wherever the water body intersects an outer boundary line.
  3. To provide for effective posting of private land through which or along which the public has an unfenced right-of-way by means of a public road, a landowner shall:
    1. place a conspicuous sign no closer than 30 feet of the centerline of the roadway where it enters the private land, stating words substantially similar to "PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT ___ MILES"; or
    2. place notice, as described in subsection (2)(a), no closer than 30 feet of the centerline of the roadway at regular intervals of not less than one-fourth mile along the roadway where it borders unfenced private land, except that orange markings may not be placed on posts where the public roadway enters the private land.
  4. If property has been posted in substantial compliance with subsection (2) or (3), it is considered closed to public access unless explicit permission to enter is given by the landowner or the landowner's authorized agent.
  5. The department of fish, wildlife, and parks shall attempt to educate and inform all persons holding hunting, fishing, or trapping licenses or permits by including on any publication concerning the licenses or permits, in condensed form, the provisions of this section concerning entry on private land. The department shall use public media, as well as its own publications, in attempting to educate and inform other recreational users of the provisions of this section. In the interests of providing the public with clear information regarding the public nature of certain unfenced rural rights-of-way, the department may develop and distribute posting signs that satisfy the requirements of subsection (3).
  6. For purposes of this section, "land" means land as defined in 70-15-102.
  7. Civil liability may not be imposed upon the owner or occupier of premises by reason of any privilege created by this section.

History: En. 94-6-201 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 21, Ch. 359, L. 1977; R.C.M. 1947, 94-6-201; amd. Sec. 1, Ch. 599, L. 1985; amd. Sec. 1, Ch. 268, L. 1991; amd. Sec. 1663, Ch. 56, L. 2009.

§45-6-203 - Criminal trespass to property.
  1. Except as provided in 15-7-139, 70-16-111, and 76-13-116, a person commits the offense of criminal trespass to property if the person knowingly:
    1. enters or remains unlawfully in an occupied structure; or
    2. enters or remains unlawfully in or upon the premises of another.
  2. A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
  3. A person convicted of or who forfeits bond or bail for committing an act of criminal trespass involving property owned or administered by the department of fish, wildlife, and parks or while hunting, fishing, or trapping may be subject to revocation of the person's privilege to hunt, fish, or trap in this state for up to 24 months from the date of conviction or forfeiture.

History: En. 94-6-203 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-203; amd. Sec. 1, Ch. 604, L. 1993; amd. Sec. 4, Ch. 5, L. 2003; amd. Sec. 2, Ch. 336, L. 2007; amd. Sec. 3, Ch. 121, L. 2009; amd. Sec. 83, Ch. 258, L. 2011.

Part 3 - Theft and Related Offenses

§45-6-326 - Obscuring identity of machine.
  1. A person commits the offense of obscuring the identity of a machine if the person:
    1. removes, defaces, covers, alters, destroys, or otherwise obscures the manufacturer's serial number or any other distinguishing identification number or mark upon any machine, vehicle, electrical device, or firearm with the purpose to conceal, misrepresent, or transfer any machine, vehicle, electrical device, or firearm; or
    2. possesses with the purpose to conceal, misrepresent, or transfer any machine, vehicle, device, or firearm knowing that the serial number or other identification number or mark has been removed or otherwise obscured.
  2. A person convicted of obscuring the identity of a machine shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
  3. The fact of possession or transfer of any machine, vehicle, electrical device, or firearm described in subsection (1) creates a presumption that the person knew the serial number or other identification number or mark had been removed or otherwise obscured.

History: En. 94-6-311 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 167, L. 1977; R.C.M. 1947, 94-6-311; amd. Sec. 1674, Ch. 56, L. 2009.

CHAPTER 8 - Offenses Against Public Order

Part 1 - Conduct Disruptive of Public Order

§45-8-109 - Civil disorder -- prohibited activities -- penalties -- exceptions.
  1. A person is guilty of a crime if, with one or more other persons, the person purposely or knowingly assembles for the purpose of training in, instructing in the use of, or practicing with any technique or means capable of causing property damage, bodily injury, or death, with the purpose of employing the training, instruction, or practice in a civil disorder.
  2. A person convicted of violating the provisions of subsection (1) is guilty of a felony and shall be imprisoned in the state prison for a period not to exceed 10 years or be fined not to exceed $50,000, or both.
  3. Subsection (1) does not prohibit:
    1. an act protected pursuant to Article II of the Montana constitution;
    2. an act of a governmental military force;
    3. an act of a peace officer performed in the lawful performance of the officer's duties;
    4. an authorized activity of the department of fish, wildlife, and parks; the department of corrections; a law enforcement agency; or the law enforcement academy;
    5. training in nonviolent civil disobedience techniques;
    6. lawful self-defense or defense of others or an activity intended to teach or practice self-defense or self-defense techniques; or
    7. a facility, program, or lawful activity related to firearms instruction or training intended to teach the safe handling and use of firearms or activities or sports related to recreational use or possession of firearms.
  4. Sections 45-8-107 through 45-8-109 do not apply to an employer or employees involved in a labor dispute.

History: En. Sec. 3, Ch. 492, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 201, Ch. 546, L. 1995.

Part 3 - Weapons

§45-8-301 - Uniformity of interpretation.

Sections 45-8-302 through 45-8-305 and 45-8-307 must be interpreted and construed to effectuate their general purpose to make uniform the law of those states that enact them.

History: En. Sec. 11, Ch. 43, L. 1935; re-en. Sec. 11317.10, R.C.M. 1935; Sec. 94-3110, R.C.M. 1947; redes. 94-8-209 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-209; amd. Sec. 1, Ch. 466, L. 1999.

§45-8-302 - Definitions.

In 45-8-303 through 45-8-305 and 45-8-307, the following definitions apply:

  1. "Crime of violence" means any of the following crimes or an attempt to commit any of the crimes: any forcible felony, robbery, burglary, and criminal trespass.
  2. "Machine gun" means a firearm designed to discharge more than one shot by a single function of the trigger.
  3. "Person" includes a firm, partnership, association, or corporation.

History: En. Sec. 1, Ch. 43, L. 1935; re-en. Sec. 11317.1, R.C.M. 1935; Sec. 94-3101, R.C.M. 1947; redes. 94-8-201 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 34, Ch. 359, L. 1977; R.C.M. 1947, 94-8-201; amd. Sec. 2, Ch. 466, L. 1999.

§45-8-303 - Possession or use of machine gun in connection with a crime.

Possession or use of a machine gun in the perpetration or attempted perpetration of a crime of violence is hereby declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than 20 years.

History: En. Sec. 2, Ch. 43, L. 1935; re-en. 11317.2, R.C.M. 1935; Sec. 94-3102, R.C.M. 1947; redes. 94-8-202 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-202.

§45-8-304 - Possession or use of machine gun for offensive purpose.

Possession or use of a machine gun for offensive or aggressive purpose is hereby declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than 10 years.

History: En. Sec. 3, Ch. 43, L. 1935; re-en. Sec. 11317.3, R.C.M. 1935; Sec. 94-3103, R.C.M. 1947; redes. 94-8-203 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-203.

§45-8-305 - Presumption of offensive or aggressive purpose.

Possession or use of a machine gun must be presumed to be for an offensive or aggressive purpose when the machine gun is in the possession of or used by a person who has been convicted of a crime of violence in any court of record, state or federal, in the United States of America or its territories or insular possessions.

History: En. Sec. 4, Ch. 43, L. 1935; re-en. Sec. 11317.4, R.C.M. 1935; Sec. 94-3104, R.C.M. 1947; amd. and redes. 94-8-204 by Sec. 26, Ch. 513, L. 1973; amd. Sec. 35, Ch. 359, L. 1977; R.C.M. 1947, 94-8-204; amd. Sec. 3, Ch. 466, L. 1999.

§45-8-306. Repealed.

§45-8-307 - Exceptions.

Sections 45-8-301 through 45-8-305 and this section do not prohibit or interfere with:

  1. the manufacture of machine guns for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States or transportation required for that purpose;
  2. the possession of a machine gun for a scientific purpose or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake;
  3. the possession of a machine gun for a purpose manifestly not aggressive or offensive.

History: En. Sec. 6, Ch. 43, L. 1935; re-en. Sec. 11317.6, R.C.M. 1935; Sec. 94-3106, R.C.M. 1947; redes. 94-8-206 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-206; amd. Sec. 4, Ch. 466, L. 1999.

45-8-308. Repealed. Sec. 6, Ch. 466, L. 1999.

45-8-309. Repealed. Sec. 6, Ch. 466, L. 1999.

45-8-310 through 45-8-312 reserved.

§45-8-313 - Unlawful possession of firearm by convicted person.
  1. A person commits the offense of unlawful possession of a firearm by a convicted person if the person purposely or knowingly purchases or possesses a firearm after the person has been convicted of:
    1. a felony for which the person received an additional sentence under 46-18-221; or
    2. an offense under the law of another state or of the United States that is equivalent to an offense that when committed in Montana is subject to an additional sentence under 46-18-221.
  2. A person convicted of unlawful possession of a firearm by a convicted person shall be imprisoned in a state prison for not less than 2 years or more than 10 years.
  3. A person who has been issued a permit under 45-8-314 may not be convicted of a violation of this section.

History: En. Sec. 2, Ch. 555, L. 1995.

§45-8-314 - Lifetime firearms supervision of certain convicted persons.
  1. For the purposes of rehabilitation and public protection, a person convicted of an offense referred to in 45-8-313 shall, as part of the sentence imposed, be sentenced to life supervision by the state for the purpose of restricting the person's right to purchase and possess firearms. Active supervision by a probation or parole officer is not required but may be imposed by the court. "Supervision" means that the person may not violate 45-8-313 and must comply with other state and federal law restrictions on the purchase and possession of firearms.
    1. A person subject to subsection (1) may apply to the district court for the county in which the person resides for a permit to purchase and possess one or more firearms. The person shall show good cause for the possession of each firearm sought to be purchased and possessed. The grant or denial of the application does not prevent the person from making another application, except that if an application is denied, another application may not be made for the next 12 months.
    2. The application must contain the following information:
      1. the person's full name and any past or present aliases;
      2. the person's date and place of birth;
      3. the person's address;
      4. the person's occupation;
      5. the make and model of each firearm sought to be purchased and possessed;
      6. the date and place of each conviction of an offense referred to in 45-8-313, the name of the offense, the state and county in which the offense occurred, the sentence imposed, the place or places of incarceration, and the date of discharge from supervision for the last offense;
      7. the name and business address of the person's last probation or parole officer; and
      8. any other information considered necessary by the court.
    3. The person shall, at the time of filing the application with the court, mail a copy to the county attorney and county sheriff.
    4. The county attorney or county sheriff may file a written objection with the court. If no objection is filed, the court may grant the permit if it finds that the person has shown good cause to purchase and possess the firearm or firearms listed in the application. If an objection is filed, a hearing must be held within 60 days after the filing of the objection. If the court first finds that the person has shown good cause to purchase and possess the firearm or firearms listed in the application and that, but for the objection, the court would have granted a permit, the court shall decide whether the objection is valid and overrides the good cause showing and requires denial of the permit.

History: En. Sec. 3, Ch. 555, L. 1995.

§45-8-315 - Definition.

"Concealed weapon" means any weapon mentioned in 45-8-316 through 45-8-318 and 45-8-321 through 45-8-328 that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon, except that for purposes of 45-8-321 through 45-8-328, concealed weapon means a handgun or a knife with a blade 4 or more inches in length that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon.

History: En. Sec. 6, Ch. 74, L. 1919; re-en. Sec. 11307, R.C.M. 1921; re-en. Sec. 11307, R.C.M. 1935; Sec. 94-3530, R.C.M. 1947; redes. 94-8-215 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-215; amd. Sec. 9, Ch. 759, L. 1991.

§45-8-316 - Carrying concealed weapons.
  1. A person who carries or bears concealed upon the individual's person a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife having a blade 4 inches long or longer, razor, not including a safety razor, or other deadly weapon shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both.
  2. A person who has previously been convicted of an offense, committed on a different occasion than the offense under this section, in this state or any other jurisdiction for which a sentence to a term of imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon the individual's person any of the weapons described in subsection (1) shall be punished by a fine not exceeding $1,000 or be imprisoned in the state prison for a period not exceeding 5 years, or both.

History: En. Sec. 1, Ch. 74, L. 1919; re-en. Sec. 11302, R.C.M. 1921; re-en. Sec. 11302, R.C.M. 1935; Sec. 94-3525, R.C.M. 1947; redes. 94-8-210 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 36, Ch. 359, L. 1977; amd. Sec. 1, Ch. 411, L. 1977; R.C.M. 1947, 94-8-210; amd. Sec. 1708, Ch. 56, L. 2009.

§45-8-317 - Exceptions.
  1. Section 45-8-316 does not apply to:
    1. any peace officer of the state of Montana or of another state who has the power to make arrests;
    2. any officer of the United States government authorized to carry a concealed weapon;
    3. a person in actual service as a member of the national guard;
    4. a person summoned to the aid of any of the persons named in subsections (1)(a) through (1)(c);
    5. a civil officer or the officer's deputy engaged in the discharge of official business;
    6. a probation and parole officer authorized to carry a firearm under 46-23-1002;
    7. a person issued a permit under 45-8-321 or a person with a permit recognized under 45-8-329;
    8. an agent of the department of justice or a criminal investigator in a county attorney's office;
    9. a person who is outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp or who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection;
    10. the carrying of arms on one's own premises or at one's home or place of business; or
    11. the carrying of a concealed weapon in the state capitol by a legislative security officer who has been issued a permit under 45-8-321 or with a permit recognized under 45-8-329.
  2. With regard to a person issued a permit under 45-8-321, the provisions of 45-8-328 do not apply to this section.

History: En. Sec. 3, Ch. 74, L. 1919; re-en. Sec. 11304, R.C.M. 1921; re-en. Sec. 11304, R.C.M. 1935; Sec. 94-3527, R.C.M. 1947; amd. Sec. 1, Ch. 63, L. 1969; amd. Sec. 1, Ch. 54, L. 1971; redes. 94-8-212 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 37, Ch. 359, L. 1977; R.C.M. 1947, 94-8-212; amd. Sec. 2, Ch. 639, L. 1989; amd. Sec. 10, Ch. 759, L. 1991; amd. Sec. 195, Ch. 42, L. 1997; amd. Sec. 1, Ch. 476, L. 1999; amd. Sec. 1, Ch. 384, L. 2011.

§45-8-318 - Possession of deadly weapon by prisoner or youth in facility.
  1. A person commits the offense of possession of a deadly weapon by a prisoner if the person purposely or knowingly possesses or carries or has under the person's custody or control without lawful authority a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife, razor not including a safety razor, or other deadly weapon while the person is:
    1. a person committed to a state prison or incarcerated in a county jail, city jail, or regional jail and is:
      1. at a state prison, a state prison farm or ranch, or jail;
      2. being conveyed to or from a place listed in this subsection (1)(a); or
      3. under the custody of prison or jail officials, officers, or employees; or
    2. a person in a youth detention facility, secure detention facility, regional detention facility, short-term detention center, state youth correctional facility, or shelter care facility, as those terms are defined in 41-5-103, and is at the facility, being conveyed to or from the facility, or under the custody of the facility officials, officers, or employees.
  2. A person convicted of the offense of possession of a deadly weapon by a prisoner shall be punished by imprisonment in the state prison for a term not less than 5 years or more than 15 years, by a fine of not more than $50,000, or by both fine and imprisonment.
  3. The youth court has jurisdiction of any violation of subsection (1)(b) unless the charge is filed in district court, in which case the district court has jurisdiction.

History: En. Sec. 1, Ch. 131, L. 1961; Sec. 94-3527.1, R.C.M. 1947; redes. 94-8-213 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-213; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 424, L. 1987; amd. Sec. 1, Ch. 168, L. 1997; amd. Sec. 78, Ch. 550, L. 1997; amd. Sec. 3, Ch. 491, L. 1999.

45-8-319. Repealed. Sec. 14, Ch. 759, L. 1991.

45-8-320. Repealed. Sec. 1, Ch. 312, L. 1979.

§45-8-321 - (2015) Permit to carry concealed weapon.
  1. A county sheriff shall, within 60 days after the filing of an application, issue a permit to carry a concealed weapon to the applicant. The permit is valid for 4 years from the date of issuance. An applicant must be a United States citizen who is 18 years of age or older and who holds a valid Montana driver's license or other form of identification issued by the state that has a picture of the person identified. An applicant must have been a resident of the state for at least 6 months. Except as provided in subsection (2), this privilege may not be denied an applicant unless the applicant:
    1. is ineligible under Montana or federal law to own, possess, or receive a firearm;
    2. has been charged and is awaiting judgment in any state of a state or federal crime that is punishable by incarceration for 1 year or more;
    3. subject to the provisions of subsection (6), has been convicted in any state or federal court of:
      1. a crime punishable by more than 1 year of incarceration; or
      2. regardless of the sentence that may be imposed, a crime that includes as an element of the crime an act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or sexual intercourse or contact without consent;
    4. has been convicted under 45-8-327 or 45-8-328, unless the applicant has been pardoned or 5 years have elapsed since the date of the conviction;
    5. has a warrant of any state or the federal government out for the applicant's arrest;
    6. has been adjudicated in a criminal or civil proceeding in any state or federal court to be an unlawful user of an intoxicating substance and is under a court order of imprisonment or other incarceration, probation, suspended or deferred imposition of sentence, treatment or education, or other conditions of release or is otherwise under state supervision;
    7. has been adjudicated in a criminal or civil proceeding in any state or federal court to be mentally ill, mentally disordered, or mentally disabled and is still subject to a disposition order of that court; or
    8. was dishonorably discharged from the United States armed forces.
  2. The sheriff may deny an applicant a permit to carry a concealed weapon if the sheriff has reasonable cause to believe that the applicant is mentally ill, mentally disordered, or mentally disabled or otherwise may be a threat to the peace and good order of the community to the extent that the applicant should not be allowed to carry a concealed weapon. At the time an application is denied, the sheriff shall, unless the applicant is the subject of an active criminal investigation, give the applicant a written statement of the reasonable cause upon which the denial is based.
  3. An applicant for a permit under this section must, as a condition to issuance of the permit, be required by the sheriff to demonstrate familiarity with a firearm by:
    1. completion of a hunter education or safety course approved or conducted by the department of fish, wildlife, and parks or a similar agency of another state;
    2. completion of a firearms safety or training course approved or conducted by the department of fish, wildlife, and parks, a similar agency of another state, a national firearms association, a law enforcement agency, an institution of higher education, or an organization that uses instructors certified by a national firearms association;
    3. completion of a law enforcement firearms safety or training course offered to or required of public or private law enforcement personnel and conducted or approved by a law enforcement agency;
    4. possession of a license from another state to carry a firearm, concealed or otherwise, that is granted by that state upon completion of a course described in subsections (3)(a) through (3)(c); or
    5. evidence that the applicant, during military service, was found to be qualified to operate firearms, including handguns.
  4. A photocopy of a certificate of completion of a course described in subsection (3), an affidavit from the entity or instructor that conducted the course attesting to completion of the course, or a copy of any other document that attests to completion of the course and can be verified through contact with the entity or instructor that conducted the course creates a presumption that the applicant has completed a course described in subsection (3).
  5. If the sheriff and applicant agree, the requirement in subsection (3) of demonstrating familiarity with a firearm may be satisfied by the applicant's passing, to the satisfaction of the sheriff or of any person or entity to which the sheriff delegates authority to give the test, a physical test in which the applicant demonstrates the applicant's familiarity with a firearm.
  6. A person, except a person referred to in subsection (1)(c)(ii), who has been convicted of a felony and whose rights have been restored pursuant to Article II, section 28, of the Montana constitution is entitled to issuance of a concealed weapons permit if otherwise eligible.

History: En. Sec. 1, Ch. 759, L. 1991; amd. Sec. 1, Ch. 408, L. 1995; amd. Sec. 3, Ch. 581, L. 1999; amd. Sec. 7, Ch. 332, L. 2009; amd. Sec. 9, Ch. 161, L. 2015.

§45-8-322 - (2015) Application, renewal, permit, and fees.
  1. The application form must be readily available at the sheriff's office and must read as follows:

    CONCEALED WEAPON PERMIT APPLICATION

    To be completed by each person making application:

    RESIDENT OF MONTANA AT LEAST 6 MONTHS ( ) Yes ( ) No

    CITIZEN OF THE UNITED STATES ( ) Yes ( ) No

    18 YEARS OF AGE OR OLDER ( ) Yes ( ) No

    PLEASE TYPE OR PRINT

    Full name: ..............................................................

    Last / First / Middle

    Alias/Maiden/Nickname: .........................................

    Address: Home: ................................. Zip ............

    Employer: ........................................ Zip ................

    Phone: ................../ ..................../ ..................

    Home / Employer / Message

    Place of birth:.................... Date of birth: ..................

    Driver's license #:.............. Issuing state: ........................

    Social Security #:.........................................

    Sex ........ Ht. ........ Wt. ........ Eyes .......... Hair .......

    LIST EACH FORMER EMPLOYER OR BUSINESS ENGAGED IN FOR THE LAST 5 YEARS:

    Employer or

    business name / Address / Dates of employment

    1. .............. .......................... ............

    2. .............. .......................... .............

    3. .............. .......................... .............

    4. .............. .......................... .............

    5. .............. .......................... .............

    6. .............. .......................... .............

    LIST EACH PLACE IN WHICH YOU HAVE LIVED FOR THE LAST 5 YEARS:

    City / State / Dates of residence

    1. .............. .......................... ...............

    2. .............. .......................... ...............

    3. .............. .......................... ...............

    4. .............. .......................... ...............

    5. .............. .......................... ...............

    6. .............. .......................... ...............

    MILITARY SERVICE, BRANCH .......... FROM ........ TO .......

    TYPE OF DISCHARGE ........... RANK UPON DISCHARGE ..................

    HAVE YOU EVER BEEN ARRESTED FOR OR CONVICTED OF A CRIME OR FOUND GUILTY IN A COURT-MARTIAL PROCEEDING?

    ( ) YES ( ) NO

    IF YES, COMPLETE THE FOLLOWING (Exceptions: minor traffic violations) (Attach additional sheet if necessary):

    City / State / Charge / Date

    1. ............... ...................... ....................

    2. ............... ...................... ....................

    3. ............... ...................... ....................

    4. ............... ...................... ....................

    5. ............... ...................... ....................

    LIST THREE PERSONS WHOM YOU HAVE KNOWN FOR AT LEAST 5 YEARS THAT WILL BE CREDIBLE WITNESSES TO YOUR GOOD MORAL CHARACTER AND PEACEABLE DISPOSITION (DO NOT include relatives or present/past employers):

    Name / Address / Phone

    1. ............... ........................ ..................

    2. ............... ........................ ...................

    3. ............... ........................ ...................

    PLEASE EXPLAIN YOUR REASONS FOR REQUESTING THIS PERMIT (Attach additional sheet if necessary):

    .................................................................

    .................................................................

    .................................................................

    I, the undersigned applicant, swear that the foregoing information is true and correct to the best of my knowledge and belief and is given with the full knowledge that any misstatement may be sufficient cause for denial or revocation of a permit to carry a concealed weapon. I authorize any person having information concerning me that relates to the information requested by this application and the requirements for a concealed weapon permit, either public record or otherwise, to furnish it to the sheriff to whom this application is made.

    .....................................................

    Signature

    ...................................................

    Date of application

    This application must be signed in the presence of the sheriff or a designee.

  2. The application must be in triplicate. The applicant must be given the original at the time the completed application is filed with the sheriff, the sheriff shall keep a copy for at least 4 years, and a copy must, within 7 days of the sheriff's receipt of the application, be mailed to the chief of police if the applicant resides in a city or town with a police force.
  3. The fee for issuance of a permit is $50. The permit must be renewed for additional 4-year periods upon payment of a $25 fee for each renewal and upon request for renewal made within 90 days before expiration of the permit. The permit and each renewal must be in triplicate, in a form prescribed by the department of justice, and must, at a minimum, include the name, address, physical description, signature, driver's license number, state identification card number, or tribal identification card number, and a picture of the permittee. A person in the United States armed forces satisfies the requirement of submitting a picture if the person submits pictures of the front of the person's military identification card and the person's Montana driver's license. The permit must state that federal and state laws on possession of firearms and other weapons differ and that a person who violates the federal law may be prosecuted in federal court and the Montana permit will not be a defense. The permittee must be given the original, and the sheriff shall keep a copy and send a copy to the department of justice, which shall keep a central repository record of all permits. Replacement of a lost permit must be treated as a renewal under this subsection.
  4. The sheriff shall conduct a background check of an applicant to determine whether the applicant is eligible for a permit under 45-8-321, may require an applicant to submit the applicant's fingerprints, and may charge the applicant $5 for fingerprinting. A renewal does not require repeat fingerprinting.
  5. Permit, background, and fingerprinting fees may be retained by the sheriff and used to implement 45-8-321 through 45-8-325.
  6. A state or local government law enforcement agency or other agency or any of its officers or employees may not request a permittee to voluntarily submit information in addition to that required on an application and permit.
  7. All of the information on the application is confidential, and the sheriff shall treat the confidential information on the application as confidential criminal justice information pursuant to Title 44, chapter 5.

History: En. Sec. 2, Ch. 759, L. 1991; amd. Sec. 4, Ch. 581, L. 1999; amd. Sec. 7, Ch. 180, L. 2007; amd. Sec. 1, Ch. 111, L. 2013; amd. Sec. 1, Ch. 134, L. 2015.

§45-8-323 - (2015) Denial of renewal -- revocation of permit.

A permit to carry a concealed weapon may be revoked or its renewal denied by the sheriff of the county in which the permittee resides if circumstances arise that would require the sheriff to refuse to grant the permittee an original license. A decision to deny an applicant a renewal must be made within 60 days after the filing of an application.

History: En. Sec. 3, Ch. 759, L. 1991; amd. Sec. 2, Ch. 134, L. 2015.

§45-8-324 - Appeal.

The denial or revocation of a permit to carry a concealed weapon or refusal of a renewal is subject to appeal to the district court, which may consider and determine facts as well as law and which is not bound by any factual, legal, or other determination of the sheriff, and from that court to the Montana supreme court. To the extent applicable, Title 25, chapter 33, governs the appeal.

History: En. Sec. 4, Ch. 759, L. 1991; amd. Sec. 2, Ch. 408, L. 1995.

§45-8-325 - Permittee change of county of residence -- notification to sheriffs and chief of police.

A person with a permit to carry a concealed weapon who changes the person's county of residence shall within 10 days of the change inform the sheriffs of both the old and new counties of residence of the change of residence and that the person holds the permit. If the person's residence changes either from or to a city or town with a police force, the person shall also inform the chief of police in each of those cities or towns that has a police force.

History: En. Sec. 5, Ch. 759, L. 1991; amd. Sec. 1709, Ch. 56, L. 2009.

§45-8-326 - Immunity from liability.

A sheriff, employee of a sheriff's office, or county is not liable for damages in a civil action by a person or entity claiming death, personal injury, or property damage arising from alleged wrongful or improper grant of, renewal of, or failure to revoke a permit to carry a concealed weapon, except for actions that constitute willful misconduct or gross negligence.

History: En. Sec. 6, Ch. 759, L. 1991.

§45-8-327 - Carrying concealed weapon while under influence.

A person commits the offense of carrying a concealed weapon while under the influence if the person purposely or knowingly carries a concealed weapon while under the influence of an intoxicating substance. It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both.

History: En. Sec. 7, Ch. 759, L. 1991; amd. Sec. 1710, Ch. 56, L. 2009.

§45-8-328 - Carrying concealed weapon in prohibited place -- penalty.
  1. Except for legislative security officers authorized to carry a concealed weapon in the state capitol as provided in 45-8-317(1)(k), 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:
    1. portions of a building used for state or local government offices and related areas in the building that have been restricted;
    2. a bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours. It is not an offense under this section to carry a concealed weapon while:
      1. using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or
      2. at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services.
    3. a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.
  2. It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500, or both.

History: En. Sec. 8, Ch. 759, L. 1991; amd. Sec. 1, Ch. 572, L. 1999; amd. Sec. 2, Ch. 384, L. 2011.

§45-8-329 - Concealed weapon permits from other states recognized -- advisory council.
  1. A concealed weapon permit from another state is valid in this state if:
    1. the person issued the permit has the permit in the person's immediate possession;
    2. the person bearing the permit is also in possession of an official photo identification of the person, whether on the permit or on other identification; and
    3. the state that issued the permit requires a criminal records background check of permit applicants prior to issuance of a permit.
  2. The attorney general shall develop and maintain a list of states from which permits are recognized under this section for the use by law enforcement agencies in this state.
  3. A determination or declaration of a Montana government entity, official, or employee is not necessary to the existence and exercise of the privilege granted by this section.
  4. The governor shall establish a council, composed of interested persons, including law enforcement personnel and gun owners, to advise the governor on and pursue concealed weapon permit issues.

History: En. Sec. 3, Ch. 408, L. 1995; amd. Sec. 2, Ch. 476, L. 1999.

§45-8-330 - (Temporary) Exemption of concealed weapon permittee from federal handgun purchase background check and waiting period.

A person possessing a concealed weapon permit is:

  1. considered to have a permit constituting completion of the background check required by 18 U.S.C. 921 through 925A; and
  2. exempt from that act's 5-day waiting period for the purchase of a handgun. (Subsections (1) and (2) terminate on the elimination of federal statutory or case law requirements--sec. 5, Ch. 408, L. 1995.)

History: En. Sec. 4, Ch. 408, L. 1995.

§45-8-331 - Switchblade knives.
  1. A person who carries or bears upon the individual's person, who carries or bears within or on any motor vehicle or other means of conveyance owned or operated by the person, or who owns, possesses, uses, stores, gives away, sells, or offers for sale a switchblade knife shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both.
  2. A bona fide collector whose collection is registered with the sheriff of the county in which the collection is located is exempted from the provisions of this section.
  3. For the purpose of this section, a switchblade knife is defined as any knife that has a blade 1 1/2 inches long or longer that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife.

History: En. Sec. 1, Ch. 243, L. 1957; Sec. 94-35-273, R.C.M. 1947; redes. 94-8-226 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-226; amd. Sec. 1711, Ch. 56, L. 2009.

§45-8-332 - Definitions.
  1. "Destructive device", as used in this chapter, includes but is not limited to the following weapons:
    1. a projectile containing an explosive or incendiary material or any other similar chemical substance, including but not limited to that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns;
    2. a bomb, grenade, explosive missile, or similar device or a launching device therefor;
    3. a weapon of a caliber greater than .60 caliber which fires fixed ammunition or any ammunition therefor, other than a shotgun or shotgun ammunition;
    4. a rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch or a launching device therefor and a rocket, rocket-propelled projectile, or similar device containing an explosive or incendiary material or any other similar chemical substance other than the propellant for the device, except devices designed primarily for emergency or distress signaling purposes;
    5. a breakable container which contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and which has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination.
  2. "Explosive", as used in this chapter, means any explosive defined in rules adopted by the department of justice pursuant to 50-3-102(3).

History: En. Sec. 1, Ch. 304, L. 1971; Sec. 69-1931, R.C.M. 1947; amd. and redes. 94-8-209.1 by Sec. 72, Ch. 359, L. 1977; R.C.M. 1947, 94-8-209.1; amd. Sec. 1, Ch. 187, L. 1985; amd. Sec. 1, Ch. 706, L. 1991.

§45-8-333 - Reckless or malicious use of explosives.

A person who recklessly or maliciously uses, handles, or has in the person's possession any blasting powder, giant or Hercules powder, giant caps, or other highly explosive substance through which any human being is intimidated, terrified, or endangered is guilty of a misdemeanor.

History: En. Sec. 713, Pen. C. 1895; re-en. Sec. 8551, Rev. C. 1907; re-en. Sec. 2812, R.C.M. 1921; re-en. Sec. 2812, R.C.M. 1935; R.C.M. 1947, 69-1927; amd. Sec. 1712, Ch. 56, L. 2009.

§45-8-334 - Possession of destructive device.
  1. A person who, with the purpose to commit a felony, has in the person's possession any destructive device on a public street or highway, in or near any theater, hall, school, college, church, hotel, other public building, or private habitation, in, on, or near any aircraft, railway passenger train, car, vessel engaged in carrying passengers for hire, or other public place ordinarily passed by human beings is guilty of the offense of possession of a destructive device.
  2. A person convicted of the offense of possession of a destructive device shall be imprisoned in the state prison for a period of not more than 10 years or be fined an amount of not more than $50,000, or both.

History: En. Sec. 2, Ch. 304, L. 1971; Sec. 69-1932, R.C.M. 1947; amd. and redes. 94-8-209.2 by Sec. 73, Ch. 359, L. 1977; R.C.M 1947, 94-8-209.2; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1713, Ch. 56, L. 2009.

§45-8-335 - Possession of explosives.
  1. A person commits the offense of possession of explosives if the person possesses, manufactures, transports, buys, or sells an explosive compound, flammable material, or timing, detonating, or similar device for use with an explosive compound or incendiary device and:
    1. has the purpose to use the explosive, material, or device to commit an offense; or
    2. knows that another has the purpose to use the explosive, material, or device to commit an offense.
  2. A person convicted of the offense of possession of explosives shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.

History: En. 94-6-105 by Sec. 1, Ch. 513, L. 1973; Sec. 94-6-105, R.C.M. 1947; amd. and redes. 94-8-209.3 by Sec. 74, Ch. 359, L. 1977; R.C.M. 1947, 94-8-209.3; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1714, Ch. 56, L. 2009.

§45-8-336 - Possession of silencer.
  1. A person commits the offense of possession of a silencer if the person possesses, manufactures, transports, buys, or sells a silencer and has the purpose to use it to commit an offense or knows that another person has such a purpose.
  2. A person convicted of the offense of possession of a silencer is punishable by imprisonment in the state prison for a term of not less than 5 years or more than 30 years or by a fine of not less than $1,000 or more than $20,000, or both.

History: En. 94-8-209.4 by Sec. 75, Ch. 359, L. 1977; R.C.M. 1947, 94-8-209.4; amd. Sec. 1715, Ch. 56, L. 2009.

§45-8-337 - Possession of unregistered silencer or of bomb or similar device prima facie evidence of unlawful purpose.

Possession of a silencer that is not registered under federal law or of a bomb or similar device charged or filled with one or more explosives is prima facie evidence of a purpose to use the same to commit an offense.

History: En. 94-8-209.5 by Sec. 76, Ch. 359, L. 1977; R.C.M. 1947, 94-8-209.5; amd. Sec. 5, Ch. 466, L. 1999; amd. Sec. 5, Ch. 581, L. 1999.

§45-8-339 - Carrying firearms on train -- penalty.
  1. Except as authorized by the management of a railroad, it is unlawful for a person not authorized to carry a weapon in the course of the person's official duties to knowingly or purposely carry or transport firearms on a train in this state unless, prior to boarding, the person has delivered all firearms and ammunition, if any, to the operator of the train.
  2. A person violating this section shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding 6 months, or both.

History: En. Sec. 1, Ch. 601, L. 1991; amd. Sec. 1716, Ch. 56, L. 2009.

§45-8-340 - Sawed-off firearm -- penalty.
  1. A person commits the offense of possession of a sawed-off firearm if the person knowingly possesses a rifle or shotgun that when originally manufactured had a barrel length of:
    1. 16 inches or more and an overall length of 26 inches or more in the case of a rifle; or
    2. 18 inches or more and an overall length of 26 inches or more in the case of a shotgun; and
    3. the firearm has been modified in a manner so that the barrel length, overall length, or both, are less than specified in subsection (1)(a) or (1)(b).
  2. The barrel length is the distance from the muzzle to the rear-most point of the chamber.
  3. This section does not apply to firearms possessed:
    1. by a peace officer of this state or one of its political subdivisions;
    2. by an officer of the United States government authorized to carry weapons;
    3. by a person in actual service as a member of the national guard;
    4. by a person called to the aid of one of the persons named in subsections (3)(a) through (3)(c);
    5. for educational or scientific purposes in which the firearms are incapable of being fired;
    6. by a person who has a valid federal tax stamp for the firearm, issued by the bureau of alcohol, tobacco, and firearms; or
    7. by a bona fide collector of firearms if the firearm is a muzzleloading, sawed-off firearm manufactured before 1900.
  4. A person convicted of the offense of possession of a sawed-off firearm shall be fined not less than $200 or more than $500 or be imprisoned in the county jail for not less than 5 days or more than 6 months, or both, upon a first conviction. If a person has one or more prior convictions under this section or one or more prior felony convictions under a law of this state, another state, or the United States, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.

History: En. Sec. 1, Ch. 334, L. 1989; amd. Sec. 1717, Ch. 56, L. 2009.

§45-8-343 - Firing firearms.
  1. Except as provided in subsections (2) and (3), every person who willfully shoots or fires off a gun, pistol, or any other firearm within the limits of any town or city or of any private enclosure which contains a dwelling house is punishable by a fine not exceeding $25 or such greater fine or a term of imprisonment, or both, as the town or city may impose.
  2. Firearms may be discharged at an indoor or outdoor rifle, pistol, or shotgun shooting range located within the limits of a town or city or in a private dwelling if the shooting range is approved by the local governing body.
  3. Subsection (1) does not apply if the discharge of a firearm is justifiable under Title 45, chapter 3, part 1.

History: En. Secs. 1, 2, p. 46, Ex. L. 1873; re-en. Sec. 185, 4th Div. Rev. Stat. 1879; re-en. Sec. 228, 4th Div. Comp. Stat. 1887; amd. Sec. 1161, Pen. C. 1895; re-en. Sec. 8834, Rev. C. 1907; re-en. Sec. 11530, R.C.M. 1921; re-en. Sec. 11530, R.C.M. 1935; Sec. 94-3578, R.C.M. 1947; redes. 94-8-218 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 39, Ch. 359, L. 1977; R.C.M. 1947, 94-8-218; amd. Sec. 1, Ch. 20, L. 1981; amd. Sec. 1, Ch. 618, L. 1983.

§45-8-344 - Use of firearms by children under 14 years of age prohibited -- exceptions.

It is unlawful for a parent, guardian, or other person having charge or custody of a minor child under the age of 14 years to permit the minor child to carry or use in public any firearms, except when the child is accompanied by a person having charge or custody of the child or under the supervision of a qualified firearms safety instructor or an adult who has been authorized by the parent or guardian.

History: En. Sec. 1, Ch. 111, L. 1907; Sec. 8879, Rev. C. 1907; re-en. Sec. 11565, R.C.M. 1921; re-en. Sec. 11565, R.C.M. 1935; Sec. 94-3579, R.C.M. 1947; amd. Sec. 1, Ch. 139, L. 1963; redes. 94-8-221 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 40, Ch. 359, L. 1977; R.C.M. 1947, 94-8-221; amd. Sec. 1, Ch. 600, L. 1993.

§45-8-345 - Criminal liability of parent or guardian -- prosecution.
  1. Any parent, guardian, or other person violating the provisions of 45-8-344 shall be guilty of a misdemeanor.
  2. The county attorney, on complaint of any person, must prosecute violations of 45-8-344.

History: En. Sec. 2, Ch. 111, L. 1907; Sec. 8880, Rev. C. 1907; re-en. Sec. 11566, R.C.M. 1921; re-en. Sec. 11566, R.C.M. 1935; Sec. 94-3580, R.C.M. 1947; redes. 94-8-222 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-222.

§45-8-351 - Restriction on local government regulation of firearms.
  1. Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.
    1. For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.
    2. Nothing contained in this section allows any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others or to prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.
    3. A local ordinance enacted pursuant to this section may not prohibit a legislative security officer who has been issued a concealed weapon permit from carrying a concealed weapon in the state capitol as provided in 45-8-317.

History: En. Sec. 1, Ch. 589, L. 1985; amd. Sec. 11, Ch. 759, L. 1991; amd. Sec. 3, Ch. 384, L. 2011.

§45-8-360 - Establishment of individual licensure.

In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Montana constitution is considered to be individually licensed and verified by the state of Montana within the meaning of the provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act.

History: En. Sec. 1, Ch. 317, L. 1995; amd. Sec. 1, Ch. 29, L. 1997.

§45-8-361 - Possession or allowing possession of weapon in school building -- exceptions -- penalties -- seizure and forfeiture or return authorized -- definitions.
  1. A person commits the offense of possession of a weapon in a school building if the person purposely and knowingly possesses, carries, or stores a weapon in a school building.
  2. A parent or guardian of a minor commits the offense of allowing possession of a weapon in a school building if the parent or guardian purposely and knowingly permits the minor to possess, carry, or store a weapon in a school building.
    1. Subsection (1) does not apply to law enforcement personnel.
    2. The trustees of a district may grant persons and entities advance permission to possess, carry, or store a weapon in a school building.
    1. A person convicted under this section shall be fined an amount not to exceed $500, imprisoned in the county jail for a term not to exceed 6 months, or both. The court shall consider alternatives to incarceration that are available in the community.
      1. A weapon in violation of this section may be seized and, upon conviction of the person possessing or permitting possession of the weapon, may be forfeited to the state or returned to the lawful owner.
      2. If a weapon seized under the provisions of this section is subsequently determined to have been stolen or otherwise taken from the owner's possession without permission, the weapon must be returned to the lawful owner.
  3. As used in this section:
    1. "school building" means all buildings owned or leased by a local school district that are used for instruction or for student activities. The term does not include a home school provided for in 20-5-109.
    2. "weapon" means any type of firearm, a knife with a blade 4 or more inches in length, a sword, a straight razor, a throwing star, nun-chucks, or brass or other metal knuckles. The term also includes any other article or instrument possessed with the purpose to commit a criminal offense.

History: En. Sec. 1, Ch. 435, L. 1997; amd. Sec. 6, Ch. 581, L. 1999.

TITLE 50 - HEALTH AND SAFETY

CHAPTER 16 - Health Care Information

Part 1 - General Provisions

§50-16-108 - (2013) Privacy in health care -- ownership of firearms.
  1. No health care provider or health care facility may:
    1. refuse to provide health care to a person because the person declines to answer any questions concerning the person's ownership, possession, or use of firearms; or
    2. inquire about a person's ownership, possession, or use of firearms as a condition of receiving health care.
  2. For the purposes of this section:
    1. the terms "health care", "health care facility", and "health care provider" have the meanings provided in 50-16-504; and
    2. the term "possession" does not apply to the presence of a firearm on the person of a patient at the time of treatment.

History: En. Sec. 1, Ch. 231, L. 2013.

TITLE 61 - MOTOR VEHICLES

CHAPTER 8 - Traffic Regulation

Part 3 - Vehicle Operating Requirements

§61-8-369 - (2015) Shooting from or across road or highway right-of-way.

Except as provided in 87-2-803(5), a person may not shoot a firearm from or across the right-of-way of a highway.

History: En. Sec. 110, Ch. 263, L. 1955; amd. Sec. 1, Ch. 25, L. 1974; R.C.M. 1947, 32-21-113; amd. Sec. 1, Ch. 214, L. 1985; amd. Sec. 1, Ch. 416, L. 1985; amd. Sec. 44, Ch. 352, L. 2003; amd. Sec. 3, Ch. 449, L. 2015.