Supplemental Information

January 11, 2016

The law of Montana does not define a loaded and unloaded firearm. Because of this, we can assume that an unloaded firearm should have no magazine attached or cartridge inserted on the firing chamber.

State of Emergency
10-3-114. Confiscation of Firearm by Government Prohibited – Private Right of Action – Costs and Expenses.
During a state of emergency, a peace officer is not authorized to take a confiscation action against a lawful handgun carrier. The person with whom the violation was done may file a case on the court on the damages and may be rewarded the costs and expenses including the attorney fees.

Under this section, “confiscation action” means a person’s intention to seize a privately owned firearm. This term does not include confiscating a firearm for self-defense, seizing a firearm while the owner commits a crime and taking a weapon from an unlawful carrier.

Note: During a state of emergency, the federal law may apply if the state receives financial assistance from the federal government. To know more about the federal laws applicable during state of emergencies, check the US Code 42-5207.