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The Gun Laws in Montana

A Synopsis of State Laws on Purchase, Possession and Carrying of Firearms

By , About.com Guide

Machine Guns

A machine gun is defined as a firearm designed to discharge more than one shot by a single function of the trigger.

Possession or use of a machine gun in the perpetration or attempted perpetration of a crime of violence is punishable by not less than 20 years in prison.

Possession or use of a machine gun for an aggressive or offensive purpose is prohibited. A presumption of possession for an aggressive or offensive purpose is raised by possession or use by a person who has been convicted of a crime of violence.

This law does not prohibit or interfere with the possession of a machine gun for scientific purposes, or the possession of a machine gun that is not usable as a weapon and possessed as a curiosity, ornament or keepsake, or the possession of a machine gun for a purpose manifestly not aggressive or offensive.

Miscellaneous

  • The right to sue a firearms or ammunition manufacturer, trade association, or dealer for abatement, injunctive relief, or tort damages resulting from or relating to the design, manufacture, marketing, or sale of firearms or ammunition sold to the public is reserved exclusively to the state and may not be exercised by a local government. The state may sue on its own behalf or on behalf of a local government unit, or both.

  • No unit of local government may prohibit, register, tax, license, or regulate the transfer, delay in transfer, ownership, possession, transportation, use, or carrying of firearms. But local governments may regulate the discharge of firearms and may prevent the carrying of firearms to a public assembly, publicly owned building, park, school, and the possession of firearms by minors and other prohibited persons.

  • It is unlawful to shoot a firearm within the limits of any town or city or a private enclosure that contains a dwelling house.

  • It is unlawful to shoot game from any self-propelled or drawn vehicle or on or from a public highway.

  • It is unlawful to shoot a firearm from or across the right-of-way of a highway.

  • It is unlawful to discharge a firearm from or upon a snowmobile.

  • It is unlawful to remove or otherwise obscure the manufacturer's serial number on any firearm with the purpose of concealing, misrepresenting or transferring the firearm.

See Also: National Rifle Association of America, Institute for Legislative Action

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