Citation(s) from the GunPolicy.org literature library
Giffords Law Center to Prevent Gun Violence. 2021 ‘Machine Guns & Automatic Firearms in Montana.’ Hardware & Ammunition. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 15 May
Machine Guns and Automatic Firearms in Montana
Montana does not criminalize mere possession of a machine gun. It is legal to possess a machine gun in Montana:
- For a scientific purpose;
- If the machine gun is not usable as a weapon and is possessed as a curiosity, ornament, or keepsake; or
- For a purpose manifestly not aggressive or offensive.
However, possession or use of a machine gun for an offensive or aggressive purpose is a crime punishable by imprisonment in the state penitentiary for a term of not less than 10 years. Moreover, possession or use of a machine gun in the perpetration or attempted perpetration of a crime of violence is a crime punishable by imprisonment in the state penitentiary for a term of not less than 20 years.
Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose when the machine gun is used or possessed by a person who has been convicted of a crime of violence in any court of record, state or federal, in the U.S. or its territories.
Federal law generally allows the possession of machine guns manufactured prior to May 19, 1986 so long as they are registered…
[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]