reglab/statecodes huggingface dataset:
2023 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.
2023 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 Repealed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 Repealed.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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 45-8-312 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; amd. Sec. 2, Ch. 526, L. 2023.
2023 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

45-8-329. Concealed weapon permits from other states recognized.
(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.
History: En. Sec. 3, Ch. 408, L. 1995; amd. Sec. 2, Ch. 476, L. 1999; amd. Sec. 1, Ch. 104, L. 2023.
2023 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 or an enhanced 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; amd. Sec. 3, Ch. 526, L. 2023.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-333. Reckless or malicious use of explosives

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.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-334. Possession of destructive device

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.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-335. Possession of explosives

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:
(a) has the purpose to use the explosive, material, or device to commit an offense; or
(b) 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.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-336. Possession of silencer

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.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-337. Possession of unregistered silencer or of bomb or similar device prima facie evidence of unlawful purpose

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.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-338. Firearms certificates for qualified retired law enforcement officers

45-8-338. Firearms certificates for qualified retired law enforcement officers.
(1) The purpose of this section is to establish a process for issuing proof of firearms qualifications to a resident of the state who is otherwise a qualified retired law enforcement officer as defined in 7-32-201, or a peace officer as defined in 46-1-202, under the Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 926C, for the purpose of satisfying the qualification requirements contained in that act.
(2) A retired law enforcement officer or peace officer satisfies the federal certification requirements if the officer possesses a valid firearms qualification certificate that:
(a) uses a current target from any law enforcement agency in the state that may be used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active-duty officers within the state that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the state or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within the state to have met the requirements under the Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 926C;
(b) provides that either a law enforcement agency as defined in 7-32-201 or an individual or entity licensed to provide firearms training as provided in 37-60-101 acknowledges that the bearer has been found qualified or otherwise found to meet the standards established by the firearms qualification for the peace officer basic course at the Montana law enforcement academy; and
(c) complies with the time restrictions provided under subsection (3).
(3) The firearms certification is valid for a period of 1 year from the date that the law enforcement agency or individual or entity verified that the firearms qualification standards were met by the bearer on an equivalency course of fire established by any law enforcement agency in the state as an appropriate standard duty qualification course as it would relate to qualified retired officers. The date of the successful qualification must be on the certification card.
(4) The retired law enforcement officer or peace officer is responsible for paying the costs of the firearms qualification required under subsection (2).
History: En. Sec. 1, Ch. 301, L. 2021; amd. Sec. 18, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-339. Repealed

45-8-339. Repealed.
Sec. 12, Ch. 3, L. 2021.
History: En. Sec. 1, Ch. 601, L. 1991; amd. Sec. 1716, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-340. Sawed-off firearm -- penalty

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:
(a) 16 inches or more and an overall length of 26 inches or more in the case of a rifle; or
(b) 18 inches or more and an overall length of 26 inches or more in the case of a shotgun; and
(c) 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:
(a) by a peace officer of this state or one of its political subdivisions;
(b) by an officer of the United States government authorized to carry weapons;
(c) by a person in actual service as a member of the national guard;
(d) by a person called to the aid of one of the persons named in subsections (3)(a) through (3)(c);
(e) for educational or scientific purposes in which the firearms are incapable of being fired;
(f) by a person who has a valid federal tax stamp for the firearm, issued by the bureau of alcohol, tobacco, firearms and explosives; or
(g) 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; amd. Sec. 15, Ch. 275, L. 2017.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-341. Repealed

45-8-341. Repealed.
Sec. 1, Ch. 45, L. 2005.
History: En. Sec. 1, Ch. 87, L. 1969; Sec. 94-3578.1, R.C.M. 1947; redes. 94-8-219 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-219.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-342. Repealed

45-8-342. Repealed.
Sec. 1, Ch. 45, L. 2005.
History: En. Sec. 2, Ch. 87, L. 1969; Sec. 94-3578.2, R.C.M. 1947; redes. 94-8-220 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-220.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-343. Firing firearms

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.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-344. Use of firearms by children under 14 years of age prohibited -- exceptions

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.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-345. Criminal liability of parent or guardian -- prosecution

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.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-351. Restriction on local government regulation of firearms

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.
(2) (a) 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 unpermitted concealed weapons or the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction.
(b) 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.
History: En. Sec. 1, Ch. 589, L. 1985; amd. Sec. 11, Ch. 759, L. 1991; amd. Sec. 3, Ch. 384, L. 2011; amd. Sec. 3, Ch. 218, L. 2019; amd. Sec. 11, Ch. 3, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-352. Restriction on local government regulation of knives

45-8-352. Restriction on local government regulation of knives.
(1) Except as provided in subsection (2), local governments may not enact or enforce an ordinance, rule, or regulation that restricts or prohibits the ownership, use, possession, or sale of any type of knife that is not specifically prohibited by state law.
(2) Subsection (1) does not apply to a local government ordinance, rule, or regulation prohibiting the possession of a knife on property or in a building owned, leased, or possessed by the local government entity.
History: En. Sec. 1, Ch. 119, L. 2019.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-353. Purpose

45-8-353. Purpose.
The purpose of Chapter 3, Laws of 2021, is to enhance the safety of people by expanding their legal ability to provide for their own defense by reducing or eliminating government-mandated places where only criminals are armed and where citizens are prevented from exercising their fundamental right to defend themselves and others.
History: En. Sec. 1, Ch. 3, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-354. Legislative intent

45-8-354. Legislative intent.
It is the intent of the legislature to reduce or remove provisions of law that limit or prohibit the ability of citizens to defend themselves by restricting with prior restraint the right to keep or bear arms that the people have reserved to themselves in the Montana constitution and to further establish that the right to defense of a person's life, liberty, or property is a fundamental right.
History: En. Sec. 2, Ch. 3, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-355. Legislative findings

45-8-355. Legislative findings.
The legislature declares and finds as follows:
(1) Nowhere in Article X, section 9(2)(a), of the Montana constitution is any power granted to amend, suspend, alter, or abolish the Montana constitution, nor is any power granted to affect or interfere with the rights the people have reserved to themselves specifically from interference by government entities and government actors in Article II of the Montana constitution.
(2) The Montana university system was created and is controlled by the Montana constitution and the land and buildings occupied by the university system are public property and not private property and are therefore clearly government entities.
(3) Any significant prohibition upon the possession of firearms at or on the various campuses of the Montana university system calls into question the rights that the people have reserved to protect themselves from government interference under Article II, section 12, of the Montana constitution.
(4) Zones where guns are prohibited provide an increased risk to the health and safety of citizens because these zones create an unreasonable expectation of government-provided safety, while that safety cannot be provided or ensured.
(5) In District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010), the United States supreme court affirmed that the second amendment to the United States constitution reserves to individuals the fundamental right to keep and bear arms for self-defense and is applicable as a restriction upon state and local governments and all political subdivisions of state and local government through the 14th amendment to the United States constitution.
History: En. Sec. 3, Ch. 3, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-356. Where concealed weapon may be carried -- exceptions

45-8-356. Where concealed weapon may be carried -- exceptions.
A person with a current and valid permit issued pursuant to 45-8-321 or 45-8-312 or recognized pursuant to 45-8-329 may not be prohibited or restricted from exercising that permit anywhere in the state, except:
(1) in a correctional, detention, or treatment facility operated by or contracted with the department of corrections or a secure treatment facility operated by the department of public health and human services;
(2) in a detention facility or secure area of a law enforcement facility owned and operated by a city or county;
(3) at or beyond a security screening checkpoint regulated by the transportation security administration in a publicly owned, commercial airport;
(4) in a building owned and occupied by the United States;
(5) on a military reservation owned and managed by the United States;
(6) on private property where the owner of the property or the person who possesses or is in control of the property, including a tenant or lessee of the property, expressly prohibits firearms;
(7) within a courtroom or an area of a courthouse in use by court personnel pursuant to an order of a justice of the peace or judge; or
(8) in a school building as determined by a school board pursuant to 45-8-361.
History: En. Sec. 4, Ch. 3, L. 2021; amd. Sec. 4, Ch. 526, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-357. Prohibition on infringement of constitutional rights

45-8-357. Prohibition on infringement of constitutional rights.
The board of regents and all university system employees subject to the authority of the board of regents are prohibited from enforcing or coercing compliance with any rule or regulation that diminishes or restricts the rights of the people to keep or bear arms as reserved to them in Article II of the Montana constitution, especially those rights reserved in Article II, sections 4 through 12, notwithstanding any authority of the board of regents under Article X, section 9(2)(a), of the Montana constitution.
History: En. Sec. 5, Ch. 3, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-358. Regulation of firearms prohibited for certain people -- exceptions

45-8-358. Regulation of firearms prohibited for certain people -- exceptions.
(1) Except as provided in subsection (2), the board of regents and any unit of the university system may not regulate, restrict, or place an undue burden on the possession, transportation, or storage of firearms on or within university system property by a person eligible to possess a firearm under state or federal law and meeting the minimum safety and training requirements in 45-8-321(3).
(2) The board of regents or a unit of the university system may prohibit or regulate the following:
(a) the discharge of a firearm on or within university system property unless the discharge is done in self-defense;
(b) the removal of a firearm from a gun case or holster unless the removal is done in self-defense or within the domicile on campus of the lawful possessor of the firearm;
(c) the pointing of a firearm at another person unless the lawful possessor is acting in self-defense;
(d) the carrying of a firearm outside of a domicile on campus unless the firearm is within a case or holster;
(e) the failure to secure a firearm with a locking device whenever the firearm is not in the possession of or under the immediate control of the lawful possessor of the firearm;
(f) the possession or storage of a firearm in an on-campus dormitory or housing unit without the express permission of any roommate of the lawful possessor of the firearm;
(g) the possession or storage of a firearm by any individual who has a history of adjudicated university system discipline arising out of the individual's interpersonal violence or substance abuse;
(h) the possession of a firearm at an event on campus where campus authorities have authorized alcohol to be served and consumed; and
(i) the possession of a firearm at an athletic or entertainment event open to the public with controlled access and armed security on site.
History: En. Sec. 6, Ch. 3, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-359. Remedy for violations

45-8-359. Remedy for violations.
Any person that suffers deprivation of rights enumerated under 45-8-353 through 45-8-358 has a cause of action against any governmental entity, as defined in 2-9-101.The cause of action must be filed in district court. If a person asserting a deprivation of rights prevails, the person may be awarded reasonable costs, attorney fees, and damages.
History: En. Sec. 7, Ch. 3, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-360. Establishment of individual licensure

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.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-361. Possession or allowing possession of weapon in school building -- exceptions -- penalties -- seizure and forfeiture or return authorized -- definitions

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.
(3) (a) Subsection (1) does not apply to law enforcement personnel or to a school marshal in the school district where the school marshal is contracted or employed.
(b) The trustees of a district may grant persons and entities advance permission to possess, carry, or store a weapon in a school building.
(4) (a) 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.
(b) (i) 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.
(ii) 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.
(5) As used in this section:
(a) "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.
(b) "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; amd. Sec. 5, Ch. 541, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-365. Short title

45-8-365. Short title.
Sections 45-8-365 through 45-8-368 may be cited as the "Montana Federal Firearm, Magazine, and Ammunition Ban Enforcement Prohibition Act".
History: En. Sec. 1, Ch. 282, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-366. Declaration of authority

45-8-366. Declaration of authority.
Sections 45-8-365 through 45-8-368 are done under the authority of the 2nd and 10th amendments to the United States constitution, Article II, section 12, of the Montana constitution, Montana's compact with the United States, and Printz v. U.S., 521 U.S. 898 (1997).
History: En. Sec. 2, Ch. 282, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-367. Definitions

45-8-367. Definitions.
As used in 45-8-365 through 45-8-368, the following definitions apply:
(1) "Federal ban" means a federal law, executive order, rule, regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, or a new and more restrictive interpretation of a law that existed on January 1, 2021, that infringes upon, calls in question, or prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, any magazine or other ammunition feeding device, or other firearm accessory.
(2) "Firearm" means any self-loading rifle, pistol, revolver, or shotgun or any manually loaded rifle, pistol, revolver, or shotgun.
(3) "Peace officer" has the meaning provided in 45-2-101, except that 45-8-365 through 45-8-368 do not apply to federal employees.
(4) "Political subdivision" means a city, town, county, consolidated government, or other political subdivision of the state.
History: En. Sec. 3, Ch. 282, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 3. Weapons › 45-8-368. Prohibition of enforcement

45-8-368. Prohibition of enforcement.
(1) A peace officer, state employee, or employee of a political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on firearms, magazines, or ammunition and is also prohibited from participating in any federal enforcement action implementing a federal ban on firearms, magazines, or ammunition.
(2) An employee of the state or a political subdivision may not expend public funds or allocate public resources for the enforcement of a federal ban on firearms, magazines, or ammunition.
(3) Nothing in this section may be construed to prohibit or otherwise limit a peace officer, state employee, or employee of a political subdivision from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not:
(a) law enforcement activity related to a federal ban; or
(b) the investigation of a violation of a federal ban.
History: En. Sec. 4, Ch. 282, L. 2021.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 4. Montana Street Terrorism Enforcement and Prevention Act › 45-8-401. Short title

45-8-401. Short title.
This part may be cited as the "Montana Street Terrorism Enforcement and Prevention Act".
History: En. Sec. 1, Ch. 285, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 4. Montana Street Terrorism Enforcement and Prevention Act › 45-8-402. Definitions

45-8-402. Definitions.
As used in this part, the following definitions apply:
(1) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in 45-8-405, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal street gang activity.
(2) "Pattern of criminal street gang activity" has the meaning provided in 45-8-405.
History: En. Sec. 2, Ch. 285, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 4. Montana Street Terrorism Enforcement and Prevention Act › 45-8-403. Use of threat to coerce gang membership -- use of violence to coerce gang membership

45-8-403. Use of threat to coerce gang membership -- use of violence to coerce gang membership.
(1) A person commits the offense of use of threat to coerce criminal street gang membership if the person purposely or knowingly threatens a person under 18 years of age with physical violence on two or more separate occasions with the intent to coerce, induce, or solicit the minor to actively participate in any criminal street gang whose members engage in a pattern of criminal street gang activity.
(2) A person commits the offense of use of violence to coerce criminal street gang membership if the person purposely or knowingly uses physical violence to coerce, induce, or solicit a person under 18 years of age to actively participate in any criminal street gang whose members engage in a pattern of criminal street gang activity.
(3) (a) A person convicted of the offense of use of threat to coerce criminal street gang membership shall be imprisoned in the county jail for a term not to exceed 1 year.
(b) A person convicted of the offense of use of violence to coerce criminal street gang membership shall be imprisoned in a state prison for a term not to exceed 3 years.
(4) A person who is 16 years of age or older and less than 18 years of age who is named in a petition filed in youth court alleging delinquency for the alleged commission of the offense of use of threat to coerce criminal street gang membership or the offense of use of violence to coerce criminal street gang membership is subject to transfer of the case to district court under 41-5-206 or, if the case is not transferred to district court under 41-5-206, to the provisions of Title 41, chapter 5.
(5) This section may not be construed to limit prosecution under any other provision of law.
(6) A person may not be convicted of violating this section based on speech alone, except on a showing that the speech itself threatened violence against a specific person, that the defendant had the apparent ability to carry out the threat, and that physical harm was imminently likely to occur.
History: En. Sec. 3, Ch. 285, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 4. Montana Street Terrorism Enforcement and Prevention Act › 45-8-404. Additional sentence for criminal street gang-related felony

45-8-404. Additional sentence for criminal street gang-related felony.
(1) (a) A person who is convicted of a felony that the person committed for the benefit of, at the direction of, or in association with any criminal street gang for the purpose of promoting, furthering, or assisting any criminal conduct by criminal street gang members shall, in addition to the punishment provided for the commission of the underlying offense, be sentenced to a term of imprisonment in a state prison of not less than 1 year or more than 3 years, except as provided in 46-18-222.
(b) If the underlying felony described in subsection (1)(a) is committed on the grounds of, or within 1,000 feet of, a public school, as defined in 20-6-501, during hours when the facility is open for classes or school-related programs or when minors are using the facility, the additional term provided for in subsection (1) is 2 to 4 years.
(2) The imposition or execution of the minimum sentences prescribed by this section may not be deferred or suspended, except as provided in 46-18-222.
(3) An additional sentence prescribed by this section shall run consecutively to the sentence provided for the underlying offense.
History: En. Sec. 4, Ch. 285, L. 1997.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 4. Montana Street Terrorism Enforcement and Prevention Act › 45-8-405. Pattern of criminal street gang activity

45-8-405. Pattern of criminal street gang activity.
(1) For purposes of this part, "pattern of criminal street gang activity" means the commission, solicitation, conspiracy, or attempt, the adjudication as a delinquent youth for the commission, attempt, or solicitation, or the conviction of two or more of the offenses listed in subsection (2) within a 3-year period, which offenses were committed on separate occasions.
(2) The offenses that form a pattern of criminal street gang activity include:
(a) deliberate homicide, as defined in 45-5-102;
(b) assault with a weapon, as defined in 45-5-213;
(c) intimidation, as defined in 45-5-203;
(d) kidnapping, as defined in 45-5-302;
(e) aggravated kidnapping, as defined in 45-5-303;
(f) robbery, as defined in 45-5-401;
(g) sexual intercourse without consent, as defined in 45-5-503;
(h) aggravated sex trafficking, as defined in 45-5-706;
(i) child sex trafficking, as defined in 45-5-711;
(j) criminal mischief, as defined in 45-6-101;
(k) arson, as defined in 45-6-103;
(l) burglary, as defined in 45-6-204;
(m) theft, as defined in 45-6-301;
(n) forgery, as defined in 45-6-325;
(o) tampering with witnesses and informants, as defined in 45-7-206;
(p) bringing armed individuals into the state, as defined in 45-8-106;
(q) unlawful possession of a firearm by a convicted person, as defined in 45-8-313;
(r) carrying a concealed weapon, as defined in 45-8-316;
(s) possession of a deadly weapon by a prisoner, as defined in 45-8-318;
(t) possession of a destructive device, as defined in 45-8-334;
(u) possession of explosives, as defined in 45-8-335;
(v) possession of a sawed-off firearm, as defined in 45-8-340;
(w) the sale, possession for sale, transportation, manufacture, offer for sale, offer to manufacture, or other offense involving a dangerous drug as prohibited by Title 45, chapter 9;
(x) use of threat to coerce criminal street gang membership or use of violence to coerce criminal street gang membership provided in 45-8-403.
History: En. Sec. 5, Ch. 285, L. 1997; amd. Sec. 10, Ch. 432, L. 1999; amd. Sec. 1718, Ch. 56, L. 2009; amd. Sec. 21, Ch. 167, L. 2023.
2023 Montana Code Annotated › Title 45. Crimes › Chapter 8. Offenses Against Public Order › Part 4. Montana Street Terrorism Enforcement and Prevention Act › 45-8-406. Supplying of firearms to criminal street gang

45-8-406. Supplying of firearms to criminal street gang.
(1) A person commits the offense of supplying firearms to a criminal street gang if the person purposely or knowingly supplies, sells, or gives possession or control of any firearm to another, and the person has actual knowledge that the other person will use the firearm to commit an offense enumerated in 45-8-405 while actively participating in any criminal street gang whose members engage in a pattern of criminal street gang activity.
(2) Subsection (1) does not apply to a person who is convicted as a principal to the offense committed by the person to whom the firearm was supplied, sold, or given.
(3) A person convicted of the offense of supplying firearms to a criminal street gang shall be imprisoned in the county jail for a term not to exceed 1 year or be fined an amount not to exceed $1,000, or both.
History: En. Sec. 6, Ch. 285, L. 1997.