2013 Montana Legislature

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HOUSE BILL NO. 304

INTRODUCED BY KERNS, EDMUNDS, JACKSON, LEWIS, F. MOORE, PRIEST, SHAW, TAYLOR, THOMAS, WARBURTON, E. WALKER

 

AN ACT REVISING CONCEALED WEAPONS LAWS; PROVIDING THAT THE OFFENSE OF CARRYING A CONCEALED WEAPON DOES NOT APPLY TO A PERSON WHO IS ELIGIBLE TO POSSESS A HANDGUN UNDER STATE OR FEDERAL LAW; AND AMENDING SECTION 45-8-317, MCA.

 

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

 

     Section 1.  Section 45-8-317, MCA, is amended to read:

     "45-8-317.  Exceptions. (1) Section 45-8-316 does not apply to:

     (a)  any peace officer of the state of Montana or of another state who has the power to make arrests;

     (b)  any officer of the United States government authorized to carry a concealed weapon;

     (c)  a person in actual service as a member of the national guard;

     (d)  a person summoned to the aid of any of the persons named in subsections (1)(a) through (1)(c);

     (e)  a civil officer or the officer's deputy engaged in the discharge of official business;

     (f)  a probation and parole officer authorized to carry a firearm under 46-23-1002;

     (g)  a person eligible to possess a handgun under state or federal law, a person issued a permit under 45-8-321, or a person with a permit recognized under 45-8-329;

     (h)  an agent of the department of justice or a criminal investigator in a county attorney's office;

     (i)  a person who is outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp or who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection;

     (j)  the carrying of arms on one's own premises or at one's home or place of business; or

     (k)  the carrying of a concealed weapon in the state capitol by a legislative security officer who has been issued a permit under 45-8-321 or with a permit recognized under 45-8-329.

     (2)  With regard to a person issued a permit under 45-8-321, the provisions of 45-8-328 do not apply to this section."

- END -

 


Latest Version of HB 304 (HB0304.ENR)
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