46-5-212. Pawnbroker to surrender stolen property -- warrant. (1) When a peace officer informs a pawnbroker or dealer who buys and sells secondhand merchandise that property pawned to or purchased by the pawnbroker or dealer is stolen property, as defined in 45-2-101, the pawnbroker or dealer who buys and sells secondhand merchandise shall hold the property for 30 days upon issuance of an administrative warrant by a peace officer. Following the expiration of the 30-day period, the pawnbroker or dealer shall surrender the property to the peace officer upon demand. The peace officer shall give the pawnbroker or dealer a receipt for any property surrendered by the pawnbroker or dealer. During the 30-day period, the pawnbroker or dealer may appeal the validity of the administrative warrant in justice's court or in municipal court. (2) As used in this section, 'administrative warrant' means a warrant: (a) issued by the administrative head, or the administrative head's designee, of the investigating agency of the jurisdiction; (b) that describes the property to be held; and (c) that states that the pawnbroker or dealer shall hold the property for 30 days from the date of receipt. e investigating agency of the jurisdiction; (b) that describes the property to be held; and (c) that states that the pawnbroker or dealer shall hold the property for 30 days from the date of receipt. History: En. Sec. 2, Ch. 470, L. 1989; amd. Sec. 1, Ch. 344, L. 1993; amd. Sec. 1, Ch. 310, L. 1995; amd. Sec. 1, Ch. 12, L. 1997.
Montana Legal Code
§ 46-5-212
Source: https://mca.legmt.gov/bills/mca/title_0460/chapter_0050/part_0020/section_0120/0460-0050-0020-0120.html· Version 2025