Montana Code Annotated
Part 2. Form of Sentence
46-18-224. Additional sentence for offense committed while carrying a handgun loaded with armor-piercing ammunition

46-18-224. Additional sentence for offense committed while carrying a handgun loaded with armor-piercing ammunition. (1) If the provisions of 46-1-401 have been complied with, a person who has been found guilty of an offense in which bodily injury occurred or was attempted or threatened and who knowingly used or carried a handgun loaded with armor-piercing ammunition during the commission of the offense must, in addition to the sentence for the offense, be sentenced to a term of imprisonment in the state prison of not less than 5 years or more than 25 years, except as provided in 46-18-222.
(2) An additional sentence prescribed by this section must run consecutively to the sentence provided for the offense, and except as provided in 46-18-222, the sentence may not be suspended and imposition of it may not be deferred.
(3) For purposes of this section:
(a) "armor-piercing ammunition" means ammunition which, if fired from a handgun under the test procedure of the national institute of law enforcement and criminal justice standard for the ballistics resistance of police body armor promulgated December 1978, is capable of penetrating bullet-resistant apparel or body armor meeting the requirements of Type IIA of Standard NILECJ-STD-0101.01 as formulated by the United States department of justice and published in December 1978; and
(b) "handgun" means any firearm, including a pistol or revolver, originally designed to be fired by the use of a single hand.
History: En. Sec. 1, Ch. 392, L. 1983; amd. Sec. 6, Ch. 524, L. 2001.

Structure Montana Code Annotated

Montana Code Annotated

Title 46. Criminal Procedure

Chapter 18. Sentence and Judgment

Part 2. Form of Sentence

46-18-201. Sentences that may be imposed

46-18-202. Additional restrictions on sentence

46-18-203. Revocation of suspended or deferred sentence

46-18-204. Dismissal after deferred imposition

46-18-205. Mandatory minimum sentences -- restrictions on deferral or suspension

46-18-206. Sexual offenders -- electronic monitoring as additional condition of sentence

46-18-207. Sexual offender treatment

46-18-208. Termination of remaining portion of deferred or suspended sentence -- motion

46-18-209. and 46-18-210 reserved

46-18-211. When no place of imprisonment is specified

46-18-212. When no penalty is specified

46-18-213. When no penalty is specified -- felony

46-18-214. through 46-18-218 reserved

46-18-219. Life sentence without possibility of release

46-18-220. Sentences for certain offenses committed in official detention -- death penalty

46-18-221. Additional sentence for offenses committed with dangerous weapon

46-18-222. Exceptions to mandatory minimum sentences, restrictions on deferred imposition and suspended execution of sentence, and restrictions on parole eligibility

46-18-223. Hearing to determine application of exceptions

46-18-224. Additional sentence for offense committed while carrying a handgun loaded with armor-piercing ammunition

46-18-225. Sentencing of nonviolent felony offenders -- criteria -- alternatives to be considered -- court to state reasons for imprisonment

46-18-226. Additional sentence for forcible felony against pregnant woman

46-18-227. through 46-18-229 reserved

46-18-230. Legislative findings -- cost of criminal proceedings

46-18-231. Fines in felony and misdemeanor cases

46-18-232. Payment of costs by defendant

46-18-233. Fine or costs as condition on suspended or deferred sentence

46-18-234. When payment of fine or costs due

46-18-235. Disposition of money collected as fines and costs

46-18-236. Imposition of charge upon conviction or forfeiture -- administration

46-18-237. Garnishment -- report by supervising authority

46-18-238. through 46-18-240 reserved

46-18-241. Condition of restitution

46-18-242. Investigation and report of victim's loss

46-18-243. Definitions

46-18-244. Type and time of payment -- defenses -- ensuring payment

46-18-245. Supervision of payment

46-18-246. Waiver or modification of payment

46-18-247. Default

46-18-248. Rights of state for crime victims compensation and assistance

46-18-249. Civil actions by victim

46-18-250. Victim's location unknown -- payments to restitution fund -- use of restitution fund

46-18-251. Allocation of fines, costs, restitution, and other charges

46-18-252. and 46-18-253 reserved

46-18-254. Repealed

46-18-255. Sentence on conviction -- restriction on employment and residency

46-18-256. Sexually transmitted disease testing -- test procedure

46-18-257. through 46-18-260 reserved

46-18-261. Recovery of suppression and investigation expenses for fires caused by arson