Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER · Part 3. Weapons
Montana Code Annotated

Mont. Code Ann. § 45-8-303 (2026)

Possession Or Use Of Machine Gun In Connection With A Crime

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 8
  4. Part 3
  5. 45-8-303 Possession or use of machine gun in connection with a crime

TITLE 45. CRIMES

CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER

Part 3. Weapons

Possession Or Use Of Machine Gun In Connection With A Crime

45-8-303. Possession or use of machine gun in connection with a crime. Possession or use of a machine gun in the perpetration or attempted perpetration of a crime of violence is hereby declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than 20 years.

History: En. Sec. 2, Ch. 43, L. 1935; re-en. 11317.2, R.C.M. 1935; Sec. 94-3102, R.C.M. 1947; redes. 94-8-202 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-202.

Notes of Decisions
Cited in 1 case, 1991–1991 · leading case: Edward D. Eckert v. Robert Tansy, Frankie Sue Del Papa & Ron Angelone, 936 F.2d 444 (9th Cir. 1991).
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Edward D. Eckert v. Robert Tansy, Frankie Sue Del Papa & Ron Angelone, 936 F.2d 444 (9th Cir. 1991). “1991) (imposing an initial enhancement of five years; however, if the weapon possessed was a machine gun or similar device, an enhancement of thirty years; if the defendant is convicted under the statute a second time and if the weapon used was a machine gun or similar device,…”
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