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
Chapter 18. Sentence and Judgment
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
46-18-223. Hearing to determine application of exceptions
46-18-224. Additional sentence for offense committed while carrying a handgun loaded with armor-piercing ammunition
46-18-226. 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
46-18-244. Type and time of payment -- defenses -- ensuring payment
46-18-245. Supervision of payment
46-18-246. Waiver or modification of payment
46-18-248. 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
46-18-255. 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