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- 2025
69th Legislature 2025 HB 493
- 1 - Authorized Print Version – HB 493
ENROLLED BILL
AN ACT ESTABLISHING THE CRIME OF POSSESSION OF A STOLEN FIREARM; PROVIDING A
PENALTY; AND AMENDING SECTION 45-8-405, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Possession of stolen firearm -- penalty. (1) A person commits the offense of
possession of a stolen firearm if the person purposely and knowingly receives, possesses, conceals, stores,
barters, sells, or disposes of a stolen firearm.
(2) A person convicted of the offense of possession of a stolen firearm shall be imprisoned in the
state prison for a term not to exceed 10 years.
Section 2. Section 45-8-405, MCA, is amended to read:
"45-8-405. Pattern of criminal street gang activity. (1) For purposes of this part, "pattern of criminal
street gang activity" means the commission, solicitation, conspiracy, or attempt, the adjudication as a
delinquent youth for the commission, attempt, or solicitation, or the conviction of two or more of the offenses
listed in subsection (2) within a 3-year period, which offenses were committed on separate occasions.
(2) The offenses that form a pattern of criminal street gang activity include:
(a) deliberate homicide, as defined in 45-5-102;
(b) assault with a weapon, as defined in 45-5-213;
(c) intimidation, as defined in 45-5-203;
(d) kidnapping, as defined in 45-5-302;
(e) aggravated kidnapping, as defined in 45-5-303;
(f) robbery, as defined in 45-5-401;
(g) sexual intercourse without consent, as defined in 45-5-503;
- 2025
69th Legislature 2025 HB 493
- 2 - Authorized Print Version – HB 493
ENROLLED BILL
(h) aggravated sex trafficking, as defined in 45-5-706;
(i) child sex trafficking, as defined in 45-5-711;
(j) criminal mischief, as defined in 45-6-101;
(k) arson, as defined in 45-6-103;
(l) burglary, as defined in 45-6-204;
(m) theft, as defined in 45-6-301;
(n) forgery, as defined in 45-6-325;
(o) tampering with witnesses and informants, as defined in 45-7-206;
(p) bringing armed individuals into the state, as defined in 45-8-106;
(q) unlawful possession of a firearm by a convicted person, as defined in 45-8-313;
(r) carrying a concealed weapon, as defined in 45-8-316;
(s) possession of a stolen firearm, as defined in [section 1];
(s)(t) possession of a deadly weapon by a prisoner, as defined in 45-8-318;
(t)(u) possession of a destructive device, as defined in 45-8-334;
(u)(v) possession of explosives, as defined in 45-8-335;
(v)(w) possession of a sawed-off firearm, as defined in 45-8-340;
(w)(x) the sale, possession for sale, transportation, manufacture, offer for sale, offer to manufacture,
or other offense involving a dangerous drug as prohibited by Title 45, chapter 9;
(x)(y) use of threat to coerce criminal street gang membership or use of violence to coerce criminal
street gang membership provided in 45-8-403."
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
45, chapter 8, part 3, and the provisions of Title 45, chapter 8, part 3, apply to [section 1].
- END -
I hereby certify that the within bill,
HB 493, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 493
INTRODUCED BY S. KELLY, J. ETCHART, T. SHARP, E. BYRNE, D. BAUM
AN ACT ESTABLISHING THE CRIME OF POSSESSION OF A STOLEN FIREARM; PROVIDING A PENALTY;
AND AMENDING SECTION 45-8-405, MCA.