2017 Montana Legislature
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HOUSE BILL NO. 494
INTRODUCED BY S. BERGLEE, F. ANDERSON, M. BLASDEL, R. BRODEHL, C. KNUDSEN, S. LAVIN, D. MORTENSEN, D. SKEES, K. WAGONER, D. ZOLNIKOV
AN ACT REVISING CONCEALED WEAPONS LAWS; PROVIDING THAT A PERSON WITH A VALID PERMIT TO CARRY A CONCEALED WEAPON MAY CARRY THE WEAPON INTO A RESTAURANT WHERE ALCOHOL IS NOT THE CHIEF ITEM OF SALE; AND AMENDING SECTION 45-8-328, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-8-328, MCA, is amended to read:
"45-8-328. Carrying concealed weapon in prohibited place -- penalty. (1) Except for legislative security officers authorized to carry a concealed weapon in the state capitol as provided in 45-8-317(1)(k), a person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in:
(a) portions of a building used for state or local government offices and related areas in the building that have been restricted;
(b) a bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours. It is not an offense under this section to carry a concealed weapon while:
(i) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or
(ii) at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services.
(c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises. It is not an offense under this subsection (1)(c) to carry a concealed weapon while patronizing a restaurant where alcoholic beverages are not the chief item of sale.
(2) It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500, or both."
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Version of HB 494 (HB0494.ENR)
Processed for the Web on March 31, 2017 (4:12pm)
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