# Mont. Code Ann. § 45-8-338: 45-8-338 Firearms certificates for qualified retired law enforcement officers

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-338

## Section

- **Citation:** Mont. Code Ann. § 45-8-338
- **Heading:** 45-8-338 Firearms certificates for qualified retired law enforcement officers
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 45 / Chapter 8 / Part 3 / Section 45-8-338

## Text

45-8-338 . Firearms certificates for qualified retired law enforcement officers. (1) The purpose of this section is to establish a process for issuing proof of firearms qualifications to a resident of the state who is otherwise a qualified retired law enforcement officer as defined in 7-32-201 , or a peace officer as defined in 46-1-202 , under the Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 926C, for the purpose of satisfying the qualification requirements contained in that act.

(2) A retired law enforcement officer or peace officer satisfies the federal certification requirements if the officer possesses a valid firearms qualification certificate that:

(a) uses a current target from any law enforcement agency in the state that may be used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active-duty officers within the state that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the state or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within the state to have met the requirements under the Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 926C;

(b) provides that either a law enforcement agency as defined in 7-32-201 or an individual or entity licensed to provide firearms training as provided in 37-60-101 acknowledges that the bearer has been found qualified or otherwise found to meet the standards established by the firearms qualification for the peace officer basic course at the Montana law enforcement academy; and

(c) complies with the time restrictions provided under subsection (3).

(3) The firearms certification is valid for a period of 1 year from the date that the law enforcement agency or individual or entity verified that the firearms qualification standards were met by the bearer on an equivalency course of fire established by any law enforcement agency in the state as an appropriate standard duty qualification course as it would relate to qualified retired officers. The date of the successful qualification must be on the certification card.

(4) The retired law enforcement officer or peace officer is responsible for paying the costs of the firearms qualification required under subsection (2).

## Nearby sections

- [Mont. Code Ann. § 45-8-301 45-8-301 Uniformity of interpretation](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-301.md)
- [Mont. Code Ann. § 45-8-302 45-8-302 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-302.md)
- [Mont. Code Ann. § 45-8-303 45-8-303 Possession or use of machine gun in connection with a crime](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-303.md)
- [Mont. Code Ann. § 45-8-304 45-8-304 Possession or use of machine gun for offensive purpose](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-304.md)
- [Mont. Code Ann. § 45-8-305 45-8-305 Presumption of offensive or aggressive purpose](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-305.md)
- [Mont. Code Ann. § 45-8-307 45-8-307 Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-307.md)
- [Mont. Code Ann. § 45-8-310 45-8-310 Policy](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-310.md)
- [Mont. Code Ann. § 45-8-312 45-8-312 Enhanced permit to carry concealed weapon -- temporary restricted enhanced permit for individuals 18 to 20 years of age](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-312.md)
- [Mont. Code Ann. § 45-8-313 45-8-313 Unlawful possession of firearm by convicted person](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-313.md)
- [Mont. Code Ann. § 45-8-314 45-8-314 Lifetime firearms supervision of certain convicted persons](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-314.md)
- [Mont. Code Ann. § 45-8-315 45-8-315 Definition](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-315.md)
- [Mont. Code Ann. § 45-8-316 45-8-316 Carrying concealed firearms -- exemption](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-316.md)
- [Mont. Code Ann. § 45-8-318 45-8-318 Possession of deadly weapon by prisoner or youth in facility](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-318.md)
- [Mont. Code Ann. § 45-8-321 45-8-321 Permit to carry concealed weapon](https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-321.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T45_C8_P3_S45-8-338. Check the current official text before relying on it. Not legal advice.
