stxrebel wrote:I'm new to Montana I understand the open carry laws and concealed, however that does not pertain to my question.
If someone were to come into my home and show hostile force, am I legally allowed to shoot. and what could happen from local LE, and would the military be able to try me on anything. even if it is an off base occurence?
any insight would be greatly appreciated
See Montana Code Annotated section 45
45-3-103. Use of force in defense of occupied structure. A person is justified in the use of force or threat to use force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon an occupied structure. However, he is justified in the use of force likely to cause death or serious bodily harm only if:
(1) the entry is made or attempted in violent, riotous, or tumultuous manner and he reasonably believes that such force is necessary to prevent an assault upon or offer of personal violence to him or another then in the occupied structure; or
(2) he reasonably believes that such force is necessary to prevent the commission of a forcible felony in the occupied structure.
History: En. by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, .
If your off base local authority general applies. UCOMJ, has changed lately so maybe call JAG to clarify. Personally I think if your off base and off duty civi law is going to rule. If your on base or on duty off base, UCOMJ will rule.