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Last updated Feb 9, 2000 Search the Gun Laws

Sawed Off Guns

45-8-340. Sawed-off firearm -- penalty. (1) A person commits the offense of possession of a sawed-off firearm if he knowingly possesses a rifle or shotgun that when originally manufactured had a barrel length of:
(a) 16 inches or more and an overall length of 26 inches or more in the case of a rifle; or
(b) 18 inches or more and an overall length of 26 inches or more in the case of a shotgun; and
(c) the firearm has been modified in a manner so that the barrel length, overall length, or both, are less than specified in subsection (1)(a) or (1)(b).
(2) The barrel length is the distance from the muzzle to the rear-most point of the chamber.
(3) This section does not apply to firearms possessed:
(a) by a peace officer of this state or one of its political subdivisions;
(b) by an officer of the United States government authorized to carry weapons;
(c) by a person in actual service as a national guardsman;
(d) by a person called to the aid of one of the persons named in subsections (3)(a) through (3)(c);
(e) for educational or scientific purposes in which the firearms are incapable of being fired;
(f) by a person who has a valid federal tax stamp for the firearm, issued by the bureau of alcohol, tobacco, and firearms; or
(g) by a bona fide collector of firearms if the firearm is a muzzleloading, sawed-off firearm manufactured before 1900.
(4) A person convicted of the offense of possession of a sawed-off firearm must be fined not less than $200 or more than $500 or imprisoned in the county jail for not less than 5 days or more than 6 months, or both, upon a first conviction. If a person has one or more prior convictions under this section or one or more prior felony convictions under a law of this state, another state, or the United States, he must be fined an amount not to exceed $1,000 or imprisoned in the state prison for a term not to exceed 5 years, 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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