Montana Metal Scrap Statute

Montana
The State Metals Theft Laws summaries are not intended to provide or be relied as a legal advice. This material is provided to serve as a reasonable compilation of the most current state scrap laws and is intended to be a resource or supplement to, and provide ideas for, compliance with all applicable laws. The ISRI State Scrap Laws are subject to change and readers should visit http://www.isri.org/metalstheftdb to make certain they are reading the most recent version of ISRI's summaries of the State Metals Theft Laws
Overview of Provisions (use the section titles to travel directly to that section)

Please Note: 2013 Montana HB 463 is included in this summary. HB 463 adds "recycling" to the list of businesses in the definition of "Salvage Metal Dealer" and creates the offense of Theft of Nonferrous Metal.

Materials Covered and Other Definitions

"Nonferrous Metal" means metal and metal alloys not containing significant quantities of iron or steel, including but not limited to: copper; brass; aluminum, other than aluminum cans; bronze; lead; zinc; nickel; stainless steel, including stainless steel beer kegs; and precious metals, including catalytic converters.

"Salvage Metal Dealer" means a person who is engaged in the business of paying, trading, recycling or bartering for or collecting nonferrous metals that have served their original economic purpose, whether or not the person is engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value.

Recordkeeping

A Dealer must retain a nonferrous metal acquisition record for nonferrous transactions exceeding $50 that includes the following information:

  • Time and Date of the transaction;
  • Name of the person conducting the transaction on behalf of the Dealer;
  • A general description of the property acquired using specifications recognized by ISRI, including the type, amount, and any readily discernible identifiable marks;
  • Amount of consideration given;
  • A Copy of the Seller's current, valid driver's license, passport, or state ID card;
  • Copy of ID not required if the Seller is provided a check for payment.
  • Signature of the Seller
  • License number and description of the delivery vehicle.
Retention

Records must retained for not less than 2 years from the date of the transaction.

Penalties

A Dealer who violates the law is guilty of a misdemeanor, with absolute liability as defined in Section 45-2-104 applying.

A person commits Theft of nonferrous metal who knowingly takes, steals, carries away, destroys, injures, or otherwise damages any personal or real property of another without consent, including fixtures or improvements, to obtain Nonferrous Metal, punishable by:

  • If the injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss is less than $1,500, up to a $5,000 fine and/or 1 year imprisonment;
  • If such is $1,500 or more, up to a $50,000 fine and/or 10 years imprisonment.

©2016. The Institute of Scrap Recycling Industries, Inc. All rights reserved.

This summary of State Metals Theft Laws is being viewed on this website under license and is owned and copyrighted by Institute of Scrap Recycling Industries, Inc. ("ISRI"),1615 L Street, N.W., Suite 600, Washington, DC 20036.