A bill outlining the right to self defense without first calling for help or retreating has one more hurdle before making its way to the Governor.
Supporters of House Bill 228 say the measure will simply put into Montana code what the majority of people already consider to be the law regarding self defense.
After being changed in the Senate, the bill was amended once again in conference committee. The newest change removes the addition of "health care facility" to the list of places where it's prohibited for people with conceal-carry permits to carry a gun.
Bill sponsor Krayton Kerns say the bill retained 90% of the language and he is happy with the amendments.
The bill passed fairly quickly through the House.
House Bill 228 has its third reading tomorrow; if it passes, it will move on to the Governor.
(from April 7, 2009)
Carrying a concealed weapon in city limits without a permit is closer to becoming a reality here in Montana.
House and Senate members hashed out their differences on House Bill 228 Tuesday, and say that they've reached a compromise.
Governor Brian Schweitzer says he, like many people in Montana, believe in the right to bear arms. He plans on making a decision on house bill 228 in the next ten days.
"Well, I won't tell you whether I'm carrying or not right now," said Schweitzer joking. "But, I will tell that you that we're analyzing the bill and if it passes all of the scrutiny of the legal questions and the verbiage questions, then I'll make a decision on the bill on its merits."
The Senate version of the bill strips out a provision that would let anyone legally allowed to have a gun carry it in town without a concealed-weapon permit. It also clarifies using a gun in self defense.
First, that people don't have to run away before using a gun and secondly, police shouldn't presume someone as guilty. Also, landlords can't limit gun rights of tenants.
Montana House and Senate committee members have reached an agreement on a measure to expand gun rights.
The conference committee largely accepted the Senate version of House Bill 228, and had the blessing of police and prosecutors.
That Senate version of the measure strips out a provision that would let anyone legally allowed to have a gun carry it in town without a concealed-weapon permit.
(from April 5, 2009)
Montana-made guns could spark a court showdown over states' rights if Governor Brian Schweitzer signs a bill that would release some firearms from federal regulation.
House Bill 246, which is sponsored by Republican Representative Joel Boniek of Livingston, seeks to exempt guns made and kept in Montana from federal background checks and dealership licensing. The measure also applies to ammunition and weapons components.
The measure passed the Legislature easily, and now awaits action by Schweitzer who has not taken a position on the bill, which its supporters hope will trigger a legal battle to affirm states' rights.
They say the bill is is less about firearms, and more about testing the Constitutional basis for federal control over the states.
(from the archives)
Some Montana legislators are firing another shot in the battle for state's rights with a gun bill that could exempt rifles made and used in the state from federal background check and licensing requirements.
House Bill 246 passed its first vote solidly, with a 64-36 vote, and stands a good chance in the Republican-controlled Senate.
Police associations are not opposing the measure, but say that they are wondering when federal authorities are going to take a stand.
The bill would apply to guns, gun accessories and ammunition made and kept in Montana.
The measure could make Montana the first state to successfully throw off the yoke of federal gun control, or at least the latest state to wrangle with the federal government in court over state's rights.
(from February 17, 2009)
Firearms manufactured and used in Montana would become exempt from federal regulation under a bill being considered in the Montana House.
The State House voted in favor of House Bill 246 in second reading on Saturday, and the bill could have the effect of releasing Montana gun owners from federal registration requirements.
The measure applies to firearms, firearm accessories and ammunition that are made and sold in the state.
The bill's sponsor says his proposal is more about states' rights than about gun rights.
You can read the full text of the bill here.
Here is some of the relevant language in the bill:
NEW SECTION. Section 2. Legislative declarations of authority. The legislature declares that the authority for [sections 1 through 7] is the following:
(1) The 10th amendment to the United States constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
(2) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Montana certain rights as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
(3) The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.
(4) The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the guaranty of the right is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
(5) Article II, section 12, of the Montana constitution clearly secures to Montana citizens, and prohibits government interference with, the right of individual Montana citizens to keep and bear arms. This constitutional protection is unchanged from the 1889 Montana constitution, which was approved by congress and the people of Montana, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
