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Use of Lethal Force
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:
(a) the firing of a firearm in the direction of a person, even though no purpose exists to kill or inflict serious bodily harm; and
(b) 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.
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 he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force likely to cause death or serious bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or serious bodily harm to himself or another or to prevent the commission of a forcible felony.
45-3-103. Use of force in defense of occupied structure. A person is justified in the use of force or threat to use force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon an occupied structure. However, he is justified in the use of force likely to cause death or serious bodily harm only if:
(1) the entry is made or attempted in violent, riotous, or tumultuous manner and he reasonably believes that such force is necessary to prevent an assault upon or offer of personal violence to him or another then in the occupied structure; or
(2) he reasonably believes that such force is necessary to prevent the commission of a forcible felony in the occupied structure.
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 he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than an occupied structure) or personal property lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force likely to cause death or serious bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.
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 himself, unless:
(a) such force is so great that he reasonably believes that he is in imminent danger of death or serious bodily harm and that he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or serious bodily harm to the assailant; or
(b) in good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force but the assailant continues or resumes the use of force.
CCW Under the Influence, 45-8-327 M.C.A.
| Cities Prohibited from Suing Gunmakers, 7-1-115 M.C.A.
| Commercial Storage of Powder and Primers, 50-61-120 M.C.A.
| Concealed Weapon, Permits, 45-8-315 M.C.A., et. seq.
| Constitutional Right to Keep and Bear Arms
| CWP Exempts Gun Buyer from Brady Wait, 45-8-330 M.C.A.
| CWP Prohibited Places, 45-8-328 M.C.A.
| CWPs from Other States Recognized, 45-8-329 M.C.A.
| Destructive Devices - Explosives, 45-8-332 M.C.A., et. seq.
| Easements for Shooting Range Safety Zone, 70-17-101 M.C.A.
| Exemption from Federal Gun Free School Zones Act, 45-8-360 M.C.A.
| Expulsion of students with guns, 20-5-202 M.C.A.
| Firearms in Schools, 45-8-361 M.C.A.
| Game Lawfully Taken Is Personal Property of Hunter, 87-2-509 M.C.A.
| Gun Owner Not Liable for Stolen Property, 27-1-709, M.C.A.
| Gun Safety Instructors Immune from Liability, 27-1-721 M.C.A.
| Gun safety training in schools, 20-7-132 and SJ15
| Guns on Trains, 45-8-339 M.C.A.
| Hunter Harassment a Crime - Felony Second Offense, 87-3-142 M.C.A.
| Hunting Heritage Week, 1-1-226 M.C.A.
| Hunting Residency, Non-resident Minor Children or Montana Residents May Hunt As Residents, 87-2-102 M.C.A.
| Joint Resolution Urging Repeal of Brady Law
| Local Government Preemption, 45-8-351 M.C.A.
| Machine Guns, 45-8-302 M.C.A., et. seq.
| No Defectless Product Liability for Firearms or Ammunition, 27-1-720 M.C.A.
| No Discharge Inside City Limits, 45-8-343 M.C.A.
| Paramilitary Training Prohibited - Exceptions, 45-8-107 M.C.A., et. seq.
| Purchase of Firearms in Contiguous States, 45-8-341, 342 M.C.A.
| Right to Keep and Bear Arms Week, 1-1-224 M.C.A.
| Right to Use Force, 49-1-103 M.C.A.
| Sawed Off Guns, 45-8-340 M.C.A.
| Shooting Range Funding Act, 87-1-276 M.C.A., et. seq.
| Shooting Range Protection Act, 76-9-101 M.C.A., et. seq.
| Shooting Sports in schools, SJ16
| Silencers, 45-8-336, 337 M.C.A.
| Use of Firearms by Children, 45-8-344 M.C.A.
| Use of Lethal Force, 45-3-101 M.C.A., et. seq.
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