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Panel advances bill making possession of stolen firearm a felony
Summary
House Bill 493 would make knowingly possessing a stolen firearm a felony carrying up to 10 years in prison; prosecutors and police supported the change as a tool against gun trafficking and violent crime, while defenders warned about possible impacts on people who unknowingly acquire stolen weapons.
House Bill 493 would create a felony offense for knowingly and purposely receiving, possessing, concealing, storing, bartering, selling or disposing of a stolen firearm. The sponsor, Representative Stephen Kelly, said the measure responds to increased thefts of firearms in metropolitan areas and links stolen firearms to homicides and gang activity.
Law-enforcement organizations including the Montana Police Protective Association, the Montana County Attorneys Association and the Montana Sheriffs and Peace Officers Association testified in support. Nenette Gilbertson, representing county attorneys and sheriffs, emphasized the bill’s “purposely and knowingly” language to protect innocent purchasers. Hallie Bishop from the Yellowstone County Attorney’s Office said roughly half of pending homicide cases in her office involved stolen firearms and cited 1,571 firearms reported stolen in Billings from 2020 to 2024.
Public defender witnesses raised concerns about prosecutorial burden, the possibility of criminalizing unwitting purchasers, and the bill’s sentencing exposure. The committee discussed defenses such as showing a legitimate acquisition (for example, a documented purchase) and evidence-handling practice: prosecutors and the sponsor said seized weapons would typically be held as evidence until courts resolve matters.
The committee recorded concurrence and sent the bill on for further Senate consideration.
