reglab/housing_qa huggingface dataset:
MT Code § 45-8-302 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-302. Definitions

  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.
MT Code § 45-8-303 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-303. Possession or use of machine gun in connection with a crime

  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.
MT Code § 45-8-304 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-304. Possession or use of machine gun for offensive purpose

  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.
MT Code § 45-8-305 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-305. Presumption of offensive or aggressive purpose

  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.
MT Code § 45-8-306 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-306. Repealed

  45-8-306. Repealed. Sec. 6, Ch. 466, L. 1999.   History: En. Sec. 5, Ch. 43, L. 1935; re-en. Sec. 11317.5, R.C.M. 1935; Sec. 94-3105, R.C.M. 1947; redes. 94-8-205 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-205.
MT Code § 45-8-307 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-307. Exceptions

  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.
MT Code § 45-8-308 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-308. Repealed

  45-8-308. Repealed. Sec. 6, Ch. 466, L. 1999.   History: En. Sec. 7, Ch. 43, L. 1935; re-en. Sec. 11317.7, R.C.M. 1935; Sec. 94-3107, R.C.M. 1947; redes. 94-8-207 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-207.
MT Code § 45-8-309 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-309. Repealed

  45-8-309. Repealed. Sec. 6, Ch. 466, L. 1999.   History: En. Sec. 8, Ch. 43, L. 1935; re-en. Sec. 11317.8, R.C.M. 1935; Sec. 94-3108, R.C.M. 1947; redes. 94-8-208 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-208.
MT Code § 45-8-310 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-310. Policy

  45-8-310. Policy. It is the policy of the state that the citizens of the state should be aware of, understand, and comply with any restrictions on the right to keep or bear arms that the people have reserved to themselves in Article II, section 12, of the Montana constitution, and that to minimize confusion the legislature withholds from local governments the power to restrict or regulate the possession of firearms.   History: En. Sec. 1, Ch. 218, L. 2019.
MT Code § 45-8-311 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-311. and 45-8-312 reserved

  45-8-311 and 45-8-312 reserved.
MT Code § 45-8-313 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-313. Unlawful possession of firearm by convicted person

  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:  (a) a felony for which the person received an additional sentence under 46-18-221;   (b) 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; or   (c) a felony for which the person is currently required to register for the sexual or violent offender registry.   (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; amd. Sec. 1, Ch. 386, L. 2021.
MT Code § 45-8-314 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-314. Lifetime firearms supervision of certain convicted persons

  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.   (2) (a) 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.   (b) The application must contain the following information:   (i) the person's full name and any past or present aliases;   (ii) the person's date and place of birth;   (iii) the person's address;   (iv) the person's occupation;   (v) the make and model of each firearm sought to be purchased and possessed;   (vi) 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;   (vii) the name and business address of the person's last probation or parole officer; and   (viii) any other information considered necessary by the court.   (c) The person shall, at the time of filing the application with the court, mail a copy to the county attorney and county sheriff.   (d) 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.
MT Code § 45-8-315 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-315. Definition

  45-8-315. Definition. "Concealed weapon" means a firearm 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; amd. Sec. 1, Ch. 230, L. 2017.
MT Code § 45-8-316 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-316. Carrying concealed firearms -- exemption

  45-8-316. Carrying concealed firearms -- exemption. (1) A person who carries or bears concealed upon the individual's person a firearm 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 a firearm 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.   (3) This section does not apply to a person eligible to possess a firearm under state or federal law.   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; amd. Sec. 2, Ch. 230, L. 2017; amd. Sec. 9, Ch. 3, L. 2021.
MT Code § 45-8-317 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-317. Repealed

  45-8-317. Repealed. Sec. 12, Ch. 3, L. 2021.  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.
MT Code § 45-8-318 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-318. Possession of deadly weapon by prisoner or youth in facility

  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:  (a) a person committed to a state prison or incarcerated in a county jail, city jail, or regional jail and is:   (i) at a state prison, a state prison farm or ranch, or jail;   (ii) being conveyed to or from a place listed in this subsection (1)(a); or   (iii) under the custody of prison or jail officials, officers, or employees; or   (b) a person in a youth detention facility, secure detention facility, regional detention facility, short-term detention center, 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; amd. Sec. 23, Ch. 339, L. 2021.
MT Code § 45-8-319 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-319. Repealed

  45-8-319. Repealed. Sec. 14, Ch. 759, L. 1991.   History: En. Sec. 5, Ch. 74, L. 1919; re-en. Sec. 11306, R.C.M. 1921; re-en. Sec. 11306, R.C.M. 1935; Sec. 94-3529, R.C.M. 1947; redes. 94-8-214 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 38, Ch. 359, L. 1977; R.C.M. 1947, 94-8-214; amd. Sec. 3, Ch. 221, L. 1989.
MT Code § 45-8-320 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-320. Repealed

  45-8-320. Repealed. Sec. 1, Ch. 312, L. 1979.   History: En. Sec. 8, Ch. 74, L. 1919; re-en. Sec. 11309, R.C.M. 1921; re-en. Sec. 11309, R.C.M. 1935; Sec. 94-3532, R.C.M. 1947; redes. 94-8-217 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-217.
MT Code § 45-8-323 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-323. Denial of renewal -- revocation of permit

  45-8-323. 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.
MT Code § 45-8-324 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-324. Appeal

  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.
MT Code § 45-8-325 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-325. Repealed

  45-8-325. Repealed. Sec. 2, Ch. 44, L. 2019.   History: En. Sec. 5, Ch. 759, L. 1991; amd. Sec. 1709, Ch. 56, L. 2009.
MT Code § 45-8-326 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-326. Immunity from liability

  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.
MT Code § 45-8-327 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-327. Carrying concealed weapon while under influence

  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.
MT Code § 45-8-328 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-328. Carrying concealed weapon in prohibited place -- penalty

  45-8-328. Carrying concealed weapon in prohibited place -- penalty. (1) Except for a person issued a permit pursuant to 45-8-321 or a person recognized pursuant to 45-8-329, 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  portions of a building used for state or local government offices and related areas in the building that have been restricted.   (2) 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; amd. Sec. 10, Ch. 3, L. 2021.
MT Code § 45-8-329 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-329. Concealed weapon permits from other states recognized -- advisory council

  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:   (a) the person issued the permit has the permit in the person's immediate possession;   (b) 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   (c) 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.
MT Code § 45-8-330 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-330. Exemption of concealed weapon permittee from federal handgun purchase background check and waiting period

  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 contingent on the elimination of federal statutory or case law requirements--sec. 5, Ch. 408, L. 1995.)   History: En. Sec. 4, Ch. 408, L. 1995.
MT Code § 45-8-331 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-331. Repealed

  45-8-331. Repealed. Sec. 2, Ch. 119, L. 2019.   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.
MT Code § 45-8-332 (2021)
2021 Montana Code Annotated|Title 45. Crimes|Chapter 8. Offenses Against Public Order|Part 3. Weapons|45-8-332. Definitions

  45-8-332. Definitions. (1) "Destructive device", as used in this chapter, includes but is not limited to the following weapons:   (a) 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;   (b) a bomb, grenade, explosive missile, or similar device or a launching device therefor;   (c) a weapon of a caliber greater than .60 caliber which fires fixed ammunition or any ammunition therefor, other than a shotgun or shotgun ammunition;   (d) 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;   (e) 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.