45-8-340. Sawed-off firearm -- penalty. (1) A person commits the offense of possession of a sawed-off firearm if the person 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 member of the national guard;
(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, firearms and explosives; 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 shall be fined not less than $200 or more than $500 or be 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, the person shall be fined an amount not to exceed $1,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.
History: En. Sec. 1, Ch. 334, L. 1989; amd. Sec. 1717, Ch. 56, L. 2009; amd. Sec. 15, Ch. 275, L. 2017.
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