Montana Code Annotated 1997

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     87-2-114. Unlawful possession of hunting license or permit of another -- penalties. (1) Except as provided in subsection (2), it is unlawful for a person to carry or have physical control over a valid and unused hunting license or permit issued to another person while in any location that the species to be hunted may inhabit.
     (2) The following exceptions apply to the prohibition in subsection (1):
     (a) A person may carry or have physical control over a license or permit issued to that person's spouse or to any minor when the spouse or minor is hunting with that person.
     (b) The prohibition does not apply to a properly validated license or permit attached to a lawfully killed game animal.
     (3) Except as provided in subsection (4), a person who violates this section is guilty of a misdemeanor punishable as provided in 87-1-102(1).
     (4) A person who violates this section while engaged in a commercial activity, such as taxidermy, meat processing, outfitting, or guiding by carrying or having physical control over three or more hunting licenses that are issued to another person or persons and that are used or intended to be used on game animals not taken by the person or persons to whom the licenses were issued, is guilty of a felony and upon conviction shall be fined not more than $50,000, imprisoned in the state prison for not more than 5 years, or both.
     (5) In addition to the penalties set out in subsections (3) and (4), a person convicted under this section or who pleads guilty to a violation of this section shall lose all hunting, fishing, and trapping permit and license privileges for not less than 3 years or up to a lifetime revocation from the date of conviction.

     History: En. Sec. 11, Ch. 417, L. 1995.

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