Montana Code Annotated
Part 3. Weapons
45-8-338. Firearms certificates for qualified retired law enforcement officers

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

Montana Code Annotated

Title 45. Crimes

Chapter 8. Offenses Against Public Order

Part 3. Weapons

45-8-301. Uniformity of interpretation

45-8-302. Definitions

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

45-8-306. Repealed

45-8-307. Exceptions

45-8-308. Repealed

45-8-309. Repealed

45-8-310. Policy

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

45-8-315. Definition

45-8-316. Carrying concealed firearms -- exemption

45-8-317. Repealed

45-8-318. Possession of deadly weapon by prisoner or youth in facility

45-8-319. Repealed

45-8-320. Repealed

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

45-8-324. Appeal

45-8-325. Repealed

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

45-8-330. Exemption of concealed weapon permittee from federal handgun purchase background check and waiting period

45-8-331. Repealed

45-8-332. Definitions

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

45-8-337. Possession of unregistered silencer or of bomb or similar device prima facie evidence of unlawful purpose

45-8-338. Firearms certificates for qualified retired law enforcement officers

45-8-339. Repealed

45-8-340. Sawed-off firearm -- penalty

45-8-341. Repealed

45-8-342. Repealed

45-8-343. Firing firearms

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

45-8-353. Purpose

45-8-354. Legislative intent

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

45-8-361. Possession or allowing possession of weapon in school building -- exceptions -- penalties -- seizure and forfeiture or return authorized -- definitions

45-8-362. through 45-8-364 reserved

45-8-365. Short title

45-8-366. Declaration of authority

45-8-367. Definitions

45-8-368. Prohibition of enforcement