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Destructive Devices - Explosives
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).
45-8-333. Reckless or malicious use of explosives. Every person who shall recklessly or maliciously use, handle, or have in his or her possession any blasting powder, giant or Hercules powder, giant caps, or other highly explosive substance whereby any human being is intimidated, terrified, or endangered shall be guilty of a misdemeanor.
45-8-334. Possession of a destructive device. (1) A person who, with the purpose to commit a felony, has in his 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.
45-8-335. Possession of explosives. (1) A person commits the offense of possession of explosives if he 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 such explosive, material, or device to commit an offense; or
(b) knows that another has the purpose to use such 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.
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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