45-8-338. Firearms certificates for qualified retired law enforcement officers.(1) The purpose of this section is to establish a process for issuing proof of firearms qualifications to a resident of the state who is otherwise a qualified retired law enforcement officer as defined in 7-32-201, or a peace officer as defined in 46-1-202, under the Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 926C, for the purpose of satisfying the qualification requirements contained in that act.
(2) A retired law enforcement officer or peace officer satisfies the federal certification requirements if the officer possesses a valid firearms qualification certificate that:
(a) uses a current target from any law enforcement agency in the state that may be used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active-duty officers within the state that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the state or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within the state to have met the requirements under the Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 926C;
(b) provides that either a law enforcement agency as defined in 7-32-201 or an individual or entity certified to provide firearms training as provided in 37-60-101 acknowledges that the bearer has been found qualified or otherwise found to meet the standards established by the firearms qualification for the peace officer basic course at the Montana law enforcement academy; and
(c) complies with the time restrictions provided under subsection (3).
(3) The firearms certification is valid for a period of 1 year from the date that the law enforcement agency or individual or entity verified that the firearms qualification standards were met by the bearer on an equivalency course of fire established by any law enforcement agency in the state as an appropriate standard duty qualification course as it would relate to qualified retired officers. The date of the successful qualification must be on the certification card.
(4) The retired law enforcement officer or peace officer is responsible for paying the costs of the firearms qualification required under subsection (2).
History: En. Sec. 1, Ch. 301, L. 2021.
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