HOUSE BILL NO. 149

INTRODUCED BY B. DAVIES, D. ADAMS, C. AHNER, J. ANDERSEN, P. BERGSAGEL,

R. CLARK, R. DALE, D. FUCHS, L. GRINDE, D. HEDGES, V. JACKSON, R. LENHART, B. MOLNAR,

K. OHS, B. REHBEIN, J. SHOCKLEY, B. STORY, B. THOMAS, A. WALTERS, C. YOUNKIN,

D. HAINES, P. SLITER

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT A STATE GOVERNMENT OFFICER OR AGENCY MAY NOT REGULATE OR INFRINGE UPON THE POSSESSION, USE, OR TRANSFER OF FIREARMS BY ANY PERSON OR ENTITY WITHOUT EXPRESS STATUTORY AUTHORITY OR UNLESS STATUTE SPECIFICALLY DELEGATES AUTHORITY TO ADOPT ADMINISTRATIVE RULES REGULATING FIREARMS; PROVIDING EXCEPTIONS; GRANTING THE STATE IMMUNITY FROM LIABILITY; AND PROVIDING AN APPLICABILITY DATE."

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

NEW SECTION. Section 1. Restriction on state government regulation of use of firearms -- state's immunity from liability. (1) An officer, department, board, or other agency or entity of state government may not regulate or infringe upon the possession, use, or transfer of firearms by any person or entity without express statutory authority or unless a statute specifically delegates authority to adopt administrative rules regulating firearms.

(2) Subsection (1) does not apply to the regulation of the following persons:

(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) a member of the national guard.

(3) 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 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(3)] 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(3)] is void.

NEW SECTION. Section 4. Applicability. [This act] applies to rules and policies adopted by state government officers and agencies prior to [the effective date of this act].

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