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Catch and No Release - a Quick Reference to Federal Firearms Laws District of Montana
State:
Montana
Control #:
MT-DV-001
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PDF
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FAQ
If the firearm has no serial number, and never had a serial number, the lack of a serial number renders the firearm illegal. Except a non-NFA home manufacture that you have no intent to sell, which we will explain later.The firearm had a serial number, but it has been removed. Possession of this firearm is illegal.
Serial numbers are required for self-made firearms:California law also requires individuals who possess, manufacture, or assemble firearms in the state to apply to the DOJ for a unique serial number for each self-made firearm.
Yes, you can carry a loaded handgun in a vehicle anywhere in the state without a concealed carry permit.
Congress can regulate firearms through its commerce and taxing powerspowers enumerated in the US Constitution. The principal powers available to Congress to regulate firearms are the commerce power, arising from the Commerce Clause, and the taxing power, arising from the Taxing and Spending Clause.
Any gun without a serial number is considered as an illegally manufactured weapon and hence it's ownership and selling is completely illegal. The only exception is on antique guns with obsolete ammunition. It's legal to own an antique gun with no serial number as long as it's of an obsolete caliber.
"Ghost guns" are guns without serial numbers that are largely untraceable and do not require the typical background checks for purchase. Also called "kit guns" or "80% guns," they are often purchased in a kit that allows the buyer to assemble the gun at home.
The Gun Control Act of 1968 (GCA), which regulates firearms at the federal level, requires that citizens and legal residents must be at least 18 years of age to purchase shotguns or rifles and ammunition. All other firearms handguns, for example can only be sold to people 21 and older.
Any gun without a serial number is considered as an illegally manufactured weapon and hence it's ownership and selling is completely illegal. The only exception is on antique guns with obsolete ammunition. It's legal to own an antique gun with no serial number as long as it's of an obsolete caliber.
Montana is considered a restorative state, meaning under the Montana Constitution, felons who have completed their sentences and probationary periods have their rights restored and technically can do things that regular citizens do, including possess a firearm and vote.