2001 Montana Legislature

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HOUSE BILL NO. 202

INTRODUCED BY B. DAVIES



A BILL FOR AN ACT ENTITLED: "AN ACT REVISING STATE GOVERNMENT REGULATION OF THE POSSESSION OF FIREARMS ON THE JOB BY PUBLIC EMPLOYEES; AND PROVIDING IMMUNITY TO THE STATE GOVERNMENT."



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     NEW SECTION.  Section 1.  Regulation of possession and use of firearms by state government employees -- government immunity. (1) An officer, department, board, or other agency or entity of state government may not regulate the possession of firearms during the scope and course of employment by a state government employee who has a concealed weapon permit, except to reasonably regulate the possession and use of firearms by the following employees as necessary to the performance of their duties:

     (a) highway patrol officers;

     (b) game wardens;

     (c) state prison employees;

     (d) probation and parole officers;

     (e) uniformed employees of the department of transportation;

     (f) staff and enrolled students of the Montana law enforcement academy;

     (g) a person inside a corrections facility;

     (h) a person inside a building owned or leased by the state;

     (i) department of justice investigators; and

     (j) members of the national guard.

     (2) Except for gross negligence or intentional misconduct of the state, the state is not liable in tort to a person or entity for damages caused by the use of a firearm on property owned, possessed, or controlled by the state by a state employee or agent who is not required to carry a firearm as a part of regular duties in the scope and course of employment or agent status with the state or by a guest or invitee as a condition of being a guest or invitee of the state.



     NEW SECTION.  Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 45, chapter 8, part 3, and the provisions of Title 45 apply to [section 1].



     NEW SECTION.  Section 3.  Two-thirds vote required. Because [section 1(2)] limits governmental liability, Article II, section 18, of the Montana constitution requires a vote of two-thirds of the members of each house of the legislature for passage. If the required vote of two-thirds of the members of each house is not obtained, [section 1(2)] is void.

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Latest Version of HB 202 (HB0202.01)
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