AN ACT REVISING CRIMINAL CODE PROVISIONS RELATING TO MACHINE GUNS AND SILENCERS; AMENDING SECTIONS 45-8-301, 45-8-302, 45-8-305, 45-8-307, AND 45-8-337, MCA; AND REPEALING SECTIONS 45-8-306, 45-8-308, AND 45-8-309, MCA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 45-8-301, MCA, is amended to read:

"45-8-301. Uniformity of interpretation. Sections 45-8-302 through 45-8-305 and 45-8-307 must be interpreted and construed to effectuate their general purpose to make uniform the law of those states that enact them."

Section 2. Section 45-8-302, MCA, is amended to read:

"45-8-302. Definitions. In 45-8-303 through 45-8-305 and 45-8-307, the following definitions apply:

(1) "Crime of violence" means any of the following crimes or an attempt to commit any of the crimes: any forcible felony, robbery, burglary, and criminal trespass.

(2) "Machine gun" means a firearm designed to discharge more than one shot by a single function of the trigger.

(3) "Person" includes a firm, partnership, association, or corporation."

Section 3. Section 45-8-305, MCA, is amended to read:

"45-8-305. Presumption of offensive or aggressive purpose. Possession or use of a machine gun must be presumed to be for an offensive or aggressive purpose

when the machine gun is in the possession of or used by a person who has been convicted of a crime of violence in any court of record, state or federal, in the United States of America or its territories or insular possessions

."

Section 4. Section 45-8-307, MCA, is amended to read:

"45-8-307. Exceptions. Sections 45-8-301 through 45-8-305 and this section do not prohibit or interfere with:

(1) the manufacture of machine guns for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States or transportation required for that purpose;

(2) the possession of a machine gun for a scientific purpose or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake;

(3) the possession of a machine gun for a purpose manifestly not aggressive or offensive."

Section 5. Section 45-8-337, MCA, is amended to read:

"45-8-337. Possession 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."

Section 6. Repealer. Sections 45-8-306, 45-8-308, and 45-8-309, MCA, are repealed.

- END -

I hereby certify that the within bill,

SB 0472, originated in the Senate.

Secretary of the Senate

President of the Senate

Signed this	day

of	, .

Speaker of the House

Signed this	day

of	, .

SENATE BILL NO. 472

INTRODUCED BY J. WELLS, M. BRAINARD, R. CLARK

AN ACT REVISING CRIMINAL CODE PROVISIONS RELATING TO MACHINE GUNS AND SILENCERS; AMENDING SECTIONS 45-8-301, 45-8-302, 45-8-305, 45-8-307, AND 45-8-337, MCA; AND REPEALING SECTIONS 45-8-306, 45-8-308, AND 45-8-309, MCA.