§ 45-8-301 Uniformity of interpretation
§ 45-8-302 Definitions
§ 45-8-303 Possession or use of machine gun in connection with a crime
§ 45-8-304 Possession or use of machine gun for offensive purpose
§ 45-8-305 Presumption of offensive or aggressive purpose
§ 45-8-306 Repealed
§ 45-8-307 Exceptions
§ 45-8-308 Repealed
§ 45-8-309 Repealed
§ 45-8-310 Policy
§ 45-8-311 reserved
§ 45-8-312 Enhanced permit to carry concealed weapon — temporary restricted enhanced permit for individuals 18 to 20 years of age
§ 45-8-313 Unlawful possession of firearm by convicted person
§ 45-8-314 Lifetime firearms supervision of certain convicted persons
§ 45-8-315 Definition
§ 45-8-316 Carrying concealed firearms — exemption
§ 45-8-317 Repealed
§ 45-8-318 Possession of deadly weapon by prisoner or youth in facility
§ 45-8-319 Repealed
§ 45-8-320 Repealed
§ 45-8-321 Permit to carry concealed weapon
§ 45-8-322 Application, renewal, permit, and fees
§ 45-8-323 Denial of renewal — revocation of permit
§ 45-8-324 Appeal
§ 45-8-325 Repealed
§ 45-8-326 Immunity from liability
§ 45-8-327 Carrying concealed weapon while under influence
§ 45-8-328 Carrying concealed weapon in prohibited place — penalty
§ 45-8-329 Concealed weapon permits from other states recognized
§ 45-8-330 Exemption of concealed weapon permittee from federal handgun purchase background check and waiting period
§ 45-8-331 Repealed
§ 45-8-332 Definitions
§ 45-8-333 Reckless or malicious use of explosives
§ 45-8-334 Possession of destructive device
§ 45-8-335 Possession of explosives
§ 45-8-336 Possession of silencer
§ 45-8-337 Possession of unregistered silencer or of bomb or similar device prima facie evidence of unlawful purpose
§ 45-8-338 Firearms certificates for qualified retired law enforcement officers
§ 45-8-339 Repealed
§ 45-8-340 Sawed-off firearm — penalty
§ 45-8-341 Repealed
§ 45-8-342 Repealed
§ 45-8-343 Firing firearms
§ 45-8-344 Use of firearms by children under 14 years of age prohibited — exceptions
§ 45-8-345 Criminal liability of parent or guardian — prosecution
§ 45-8-351 Restriction on local government regulation of firearms
§ 45-8-352 Restriction on local government regulation of knives
§ 45-8-353 Purpose
§ 45-8-354 Legislative intent
§ 45-8-355 Legislative findings
§ 45-8-356 Where concealed weapon may be carried — exceptions
§ 45-8-357 Prohibition on infringement of constitutional rights
§ 45-8-358 Regulation of firearms prohibited for certain people — exceptions
§ 45-8-359 Remedy for violations
§ 45-8-360 Establishment of individual licensure
§ 45-8-361 Possession or allowing possession of weapon in school building — exceptions — penalties — seizure and forfeiture or return authorized — definitions
§ 45-8-365 Short title
§ 45-8-366 Declaration of authority
§ 45-8-367 Definitions
§ 45-8-368 Prohibition of enforcement
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Terms Used In Montana Code > Title 45 > Chapter 8 > Part 3 - Weapons

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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 . See Montana Code 45-8-332

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Explosive: as used in this chapter , means any explosive defined in rules adopted by the department of justice pursuant to 50-3-102(3). See Montana Code 45-8-332
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204