Use Promo code GUNTRUST for $12% OFF - Our BATFE NFA Gun Trusts are on Sale!

Montana State NFA Rules and Allowable NFA Items

Montana is a state that respects the rights of its residents to own all firearms, including NFA items. Their laws do not mention federal registration of machine guns, but a legal owner would be exempt from the prohibition if they possess it “for a purpose manifestly not aggressive or offensive”. All other NFA items are expressly legal as long as they are registered in accordance to federal law. You may not hunt with a suppressor in Montana.

Possession of NFA Items:
45-8-307. Exceptions.

Sections 45-8-301 through 45-8-305 and this section do not prohibit or interfere with:
(1) the manufacture of machine guns for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States or transportation required for that purpose;
(2) the possession of a machine gun for a scientific purpose or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake;
(3) the possession of a machine gun for a purpose manifestly not aggressive or offensive.

45-8-337. Possession of unregistered silencer or of bomb or similar device prima facie evidence of unlawful purpose.
Possession of a silencer that is not registered under federal lawor of a bomb or similar device charged or filled with one or more explosives is prima facie evidence of a purpose to use the same to commit an offense.

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.

Legal Disclaimer:

This information is provided as a service to the public. It is NOT intended as legal advice and should never be considered as such. This information was up to date at the time of publication.

Other NFA Gun Trust and ATF Related Blog Posts