House Bill No. 187

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act providing an increased penalty for a parent or guardian when a child is illegally allowed to use a firearm and serious bodily injury or death occurs; and amending sections 45-8-344 and 45-8-345, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 45-8-344, MCA, is amended to read:

"45-8-344.   Use of firearms by children under fourteen prohibited -- exceptions. It is unlawful for a parent, guardian, or other person having charge or custody of a minor child under the age of 14 years to knowingly permit the minor child to carry or use a firearm in public any firearms, except when the child is accompanied by a person having charge or custody of the child or is under the supervision of a qualified firearms safety instructor or an adult who has been authorized by the parent or guardian."

Section 2.  Section 45-8-345, MCA, is amended to read:

"45-8-345.   Criminal liability of parent or guardian -- prosecution. (1) Any A parent, guardian, or other person violating the provisions of who knowingly violates 45-8-344 shall, upon conviction, be guilty of a misdemeanor incarcerated in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500, or both, except if the firearm is discharged while it is in the possession of the child and serious bodily injury or death results from the discharge, the parent, guardian, or other person shall be imprisoned in the state prison for a term of not less than 1 year or more than 10 years.

(2)  The county attorney, on complaint of any person, must shall prosecute violations of 45-8-344."

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