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

     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, and firearms; 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.