I am finding conflicting information on whether suppressors are legal in Montana. I found a statute that says suppressor possession is a crime, but I have found several places on the internet that state all NFA items are legal in Montana. I tend to believe the statute I found, but just want to verify from people who might know better. Is there a definite answer as to whether a suppressor is legal in Montana, assuming the tax stamp is obtained?
Suppressors legal?
- Thread starter 442js
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Warbirds
New member
Someone should put together a website to help educate people with the legalities of owning a silencer. They could call it.
Silencers Are Legal
Silencers Are Legal
This is what I found online.
45-8-336. Possession of silencer. (1) A person commits the offense of possession of a silencer if the person possesses, manufactures, transports, buys, or sells a silencer and has the purpose to use it to commit an offense or knows that another person has such a purpose.
(2) A person convicted of the offense of possession of a silencer is punishable by imprisonment in the state prison for a term of not less than 5 years or more than 30 years or by a fine of not less than $1,000 or more than $20,000, or both.
I thought that perhaps it could be like other states that say it is a crime if it doesn't have the ATF tax stamp, but then I found:
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 law or 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.
No question about SBRs though.
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.
45-8-336. Possession of silencer. (1) A person commits the offense of possession of a silencer if the person possesses, manufactures, transports, buys, or sells a silencer and has the purpose to use it to commit an offense or knows that another person has such a purpose.
(2) A person convicted of the offense of possession of a silencer is punishable by imprisonment in the state prison for a term of not less than 5 years or more than 30 years or by a fine of not less than $1,000 or more than $20,000, or both.
I thought that perhaps it could be like other states that say it is a crime if it doesn't have the ATF tax stamp, but then I found:
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 law or 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.
No question about SBRs though.
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.
LkWd_Don
Banned
I am not an authority or a Lawyer so please take that for what it is worth. My wife and I will be moving to Montana in a couple years so I am getting to know the laws now before we move there.
I was just looking to see what I could find and here is my take on it. MCA say's: Link Removed
I would say that if you purchase one and properly register it, that as long as you are not found to be possessing the silencer specifically to be used in the commission of a crime, then possession of a silencer is not in itself a crime. I will have to ask that after driving through Montana a couple times and seeing all the wide open spaces.. why would someone need a silencer?
I was just looking to see what I could find and here is my take on it. MCA say's: Link Removed
MCA 45-8-336 said:
I would say that if you purchase one and properly register it, that as long as you are not found to be possessing the silencer specifically to be used in the commission of a crime, then possession of a silencer is not in itself a crime. I will have to ask that after driving through Montana a couple times and seeing all the wide open spaces.. why would someone need a silencer?
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