Post by Randy on
FWD: Update - suppressors, SBRs, and SBSs Dear MSSA Friends, Montana Attorney General Austin Knudsen has finally released his promised advisory about enforcement of Montana suppressor, SBR, and SBS laws orphaned by the recent federal court decision in the Silencer Shop case in Texas. That federal court held that the BATFE may no longer enforce the registration requirement for the affected items. Montana law still makes it a crime to possess such items without federal registration and a federal tax stamp, which are no longer obtainable. Thus, Montanans simply cannot comply with state law. MSSA has a bill prepared for the 2027 legislative session to repeal these orphaned laws, but what about from now to then? The AG had promised to release some sort of advisory addressing this Catch-22 status. He has done that with "guidance." However, I am disappointed in the net effect. The AG probably went as far as he legally could, but he fell short of outright declaring that these obsolete Montana laws are no longer enforceable. What he did say is that before any Montana prosecutors initiate a prosecution under one of these Montana laws they are "requested" (not required) to consult Montana DoJ. If any county attorneys choose to consult with DoJ before a prosecution is commenced, I'm sure DoJ will try to steer them away from proceeding with a prosecution. This will probably work in counties in which the County Attorney respects the AG. However, a good relationship does not exist between the AG and all county attorneys. For example, the AG has had an ongoing conflict with the Gallatin County Attorney for some time now. I doubt that this county attorney would voluntarily consult with, or be guided by, the AG if she decided to prosecute someone under one of these now-obsolete Montana laws. Heck, she might even gin up a prosecution just in attempt to thwart him. So, the AG advisory released today is far from a silver bullet. If you wish to read the AG's advisory on this, it is available from: https://content.govdelivery.com/attachments/MTAG/2026/08/27/file_attachments/3761410/Silencer%20Shop%20Guidance%20Letter%20FINAL%208.27.26.pdf For the bottom line, the AG says: "Montana law enforcement is respectfully advised that criminal investigations regarding the possession, manufacture, and/or possession of silencers, SBRs, SBSs, or sawed-off firearms under Mont. Code Ann. §§ 45-8-336, 45-8-337, and/or 45-8-340 (2025) may be tenuous given the current legal environment. "City and County Attorneys, or their respective deputies/associates, presented with any criminal investigations for prosecution involving Mont. Code Ann. §§ 45-8-336, 45-8-337, 45-8-340, and/or 87-6-401(1)(c) (2025) are respectfully requested to submit such cases to the Montana Department of Justice Prosecution Services Bureau for review and advisement before any charges under the same statutes are formally filed in any Montana Court." Montanans who are members of one of the plaintiff groups in the federal lawsuit (e.g., GOA or CCRKBA) MAY be able to get away with purchase of one of the affected items, IF they reside in a county in which the county attorney and/or city attorney are willing to be guided by the AG. But, I wouldn't bet staying out of a felony cage on that. MSSA's advice for all Montanans is to wait to obtain any of the affected items until more dust settles and until MSSA is able to get the orphaned and obsolete Montana laws repealed in the 2027 legislative session. Yes, I'm frustrated too. If you want to help make sure the necessary cleansing happens in the 2027 session, join MSSA and be prepared to help us repeal the bad laws in the Legislature. Best wishes, -- Gary Marbut, President Montana Shooting Sports Association http://www.mtssa.org Author, Gun Laws of Montana http://www.mtpublish.com
