Sarah Nilsson, JD, PhD, MAS
Sarah Nilsson, JD, PhD, MAS

Montana Drone Law

 

SB 170 died

 

HB 330 

Bill text

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Limitations on excess property provided to local law enforcement -- definitions. (1) A law enforcement agency may not receive the following property from a military equipment surplus program operated by the federal government:

(a) drones that are armored, weaponized, or both;
(b) aircraft that are combat configured or combat coded;
(c) grenades or similar explosives and grenade launchers;
(d) silencers; or
(e) militarized armored vehicles.
(2) If a law enforcement agency purchases property from a military equipment surplus program operated

by the federal government, the law enforcement agency may only use state or local funds for the purchase. Funds obtained from the federal government may not be used to purchase property from a military equipment surplus program.

(3) For purposes of this section, "law enforcement agency" means a law enforcement service provided by a local government as authorized in Title 7, chapter 32. 

 

 

HB 644prohibits using UAS to interfere with wildfire suppression efforts. Anyone who violates this prohibition is liable for the amount equivalent to the costs of this interference. The law also prohibits local governments from enacting an ordinance addressing the use of UAS in relation to a wildfire.

 

On May 1, 2013, the 63rd Legislature of Montana signed Senate Bill (SB) 196 (download below) into law as Chapter 377. This was an act limiting the use of unmanned aerial vehicles by law enforcement; and prohibiting the use of unlawfully obtained information as evidence in court.

SB 196 limits when information gained from the use of unmanned aerial vehicles may be admitted as evidence in any prosecution or proceeding within the state. The information can be used when it was obtained pursuant to a search warrant, or through a judicially recognized exception to search warrants. The new law defines “unmanned aerial vehicle” as “an aircraft that is operated without direct human intervention from on or within the aircraft,” not including satellites.  

SB0196.pdf
Adobe Acrobat document [19.1 KB]

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Sarah Nilsson, JD, PhD, MAS

 

602 561 8665

 

sarah@sarahnilsson.org

 

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Legal disclaimer 

The information on this website is for educational purposes only and DOES NOT constitute legal advice. While the author of this website is an attorney, she is not your attorney, nor are you her client, until you enter into a written agreement with Nilsson Law, PLLC to provide legal services.

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