Montana Code Annotated

Mont. Code Ann. § 45-8-335 (2026)

Possession Of Explosives

✓ current as of May 2026
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TITLE 45. CRIMES

CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER

Part 3. Weapons

Possession Of Explosives

45-8-335. Possession of explosives. (1) A person commits the offense of possession of explosives if the person possesses, manufactures, transports, buys, or sells an explosive compound, flammable material, or timing, detonating, or similar device for use with an explosive compound or incendiary device and:

(a) has the purpose to use the explosive, material, or device to commit an offense; or

(b) knows that another has the purpose to use the explosive, material, or device to commit an offense.

(2) A person convicted of the offense of possession of explosives shall be imprisoned in the state prison for any term not to exceed 20 years or be fined an amount not to exceed $50,000, or both.

History: En. 94-6-105 by Sec. 1, Ch. 513, L. 1973; Sec. 94-6-105, R.C.M. 1947; amd. and redes. 94-8-209.3 by Sec. 74, Ch. 359, L. 1977; R.C.M. 1947, 94-8-209.3; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1714, Ch. 56, L. 2009.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1991–2021 · leading case: State v. Dixon, 2000 MT 82 (Mont. 2000).
State v. Dixon, 2000 MT 82 (Mont. 2000). · cites it 39× “Whether the District Court erred in concluding that § 45-8-335, MCA, which defines the offense of “Possession of explosives,” does not violate Due Process? ¶4 2.”
State v. Wolfe, 821 P.2d 339 (Mont. 1991). · cites it 28× “*342 On January 17, 1989, Wolfe was charged by information with one count of possession of explosives in violation of § 45-8-335, MCA (1987), and one count of criminal mischief in violation of § 45-6-101, MCA (1987).”
State v. Meyer, 2004 MT 272 (Mont. 2004). · cites it 2× “¶17 The search warrant application alleged Meyer violated § 45-8-335, MCA, which provides: Possession of explosives.”
State v. G'STOHL, 2010 MT 7 (Mont. 2010). · cites it 2× “In that case, the defendant raised an as-applied vagueness challenge to § 45-8-335, MCA (possession of explosives), arguing that the offense was “completely subsumed within .”
State v. Griffin, 2004 MT 331 (Mont. 2004). · cites it 2× “harged with four felony counts: Count I, Operation of an Unlawful Clandestine Laboratory, in violation of § 45-9-132, MCA; Count II, Criminal Possession of Dangerous Drugs with Intent to Sell, in violation of § 45-9-103, MCA; Count III, Criminal Possession of Property Subject to…”
Matter of S.G.-H.M. Jr., A Youth., 2021 MT 176 (Mont. 2021). · cites it 2× “with possession of explosives, in violation of § 45-8-335(1)(a), MCA, and criminal endangerment, in violation of § 45-5-207, MCA.”
Mont. Code Ann. § 45-8-335(1): 1 case
State v. Wolfe, 821 P.2d 339 (Mont. 1991). “*342 On January 17, 1989, Wolfe was charged by information with one count of possession of explosives in violation of § 45-8-335, MCA (1987), and one count of criminal mischief in violation of § 45-6-101, MCA (1987).”
Mont. Code Ann. § 45-8-335(1)(a): 1 case
Matter of S.G.-H.M. Jr., A Youth., 2021 MT 176 (Mont. 2021). “with possession of explosives, in violation of § 45-8-335(1)(a), MCA, and criminal endangerment, in violation of § 45-5-207, MCA.”
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