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Last updated Feb 9, 2000 Search the Gun Laws

Machine Guns

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.

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.

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.

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.

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.


  • 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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