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).
History: En. Sec. 1, Ch. 304, L. 1971; Sec. 69-1931, R.C.M. 1947; amd. and redes. 94-8-209.1 by Sec. 72, Ch. 359, L. 1977; R.C.M. 1947, 94-8-209.1; amd. Sec. 1, Ch. 187, L. 1985; amd. Sec. 1, Ch. 706, L. 1991.
Structure Montana Code Annotated
Chapter 8. Offenses Against Public Order
45-8-301. Uniformity of interpretation
45-8-303. Possession or use of machine gun in connection with a crime
45-8-304. Possession or use of machine gun for offensive purpose
45-8-305. Presumption of offensive or aggressive purpose
45-8-311. and 45-8-312 reserved
45-8-313. Unlawful possession of firearm by convicted person
45-8-314. Lifetime firearms supervision of certain convicted persons
45-8-316. Carrying concealed firearms -- exemption
45-8-318. Possession of deadly weapon by prisoner or youth in facility
45-8-321. Permit to carry concealed weapon
45-8-322. Application, renewal, permit, and fees
45-8-323. Denial of renewal -- revocation of permit
45-8-326. Immunity from liability
45-8-327. Carrying concealed weapon while under influence
45-8-328. Carrying concealed weapon in prohibited place -- penalty
45-8-329. Concealed weapon permits from other states recognized -- advisory council
45-8-333. Reckless or malicious use of explosives
45-8-334. Possession of destructive device
45-8-335. Possession of explosives
45-8-336. Possession of silencer
45-8-338. Firearms certificates for qualified retired law enforcement officers
45-8-340. Sawed-off firearm -- penalty
45-8-344. Use of firearms by children under 14 years of age prohibited -- exceptions
45-8-345. Criminal liability of parent or guardian -- prosecution
45-8-346. through 45-8-350 reserved
45-8-351. Restriction on local government regulation of firearms
45-8-352. Restriction on local government regulation of knives
45-8-355. Legislative findings
45-8-356. Where concealed weapon may be carried -- exceptions
45-8-357. Prohibition on infringement of constitutional rights
45-8-358. Regulation of firearms prohibited for certain people -- exceptions
45-8-359. Remedy for violations
45-8-360. Establishment of individual licensure
45-8-362. through 45-8-364 reserved