Montana Metal Scrap Statute

"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.

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.

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

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.