HOUSE BILL NO. 459

INTRODUCED BY R. CLARK, D. ADAMS, C. AHNER, S. BOOKOUT-REINICKE, M. BRAINARD, R. DALE, D. GRIMES, L. GRINDE, C. HIBBARD, J. HOLDEN, R. JORE, S. KITZENBERG, M. MCCANN, L. MCCULLOCH, J. MERCER, K. MILLER, S. ORR, B. TASH, M. TAYLOR, A. WALTERS, J. WELLS, C. YOUNKIN, B. DAVIES, J. SHOCKLEY, P. SLITER

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT A RESIDENT OF ANOTHER STATE WHO HAS BEEN ISSUED A CONCEALED WEAPON PERMIT BY THAT STATE MAY CARRY A CONCEALED WEAPON IN THIS STATE; ELIMINATING THE AUTHORITY OF THE GOVERNOR TO NEGOTIATE CONCEALED WEAPON PERMIT RECIPROCITY AGREEMENTS; AND AMENDING SECTIONS 45-8-317 AND 45-8-329, MCA."

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

(Refer to Introduced Bill)

Strike everything after the enacting clause and insert:

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;

(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 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; or

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

(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."

Section 2. Section 45-8-329, MCA, is amended to read:

"45-8-329. Concealed weapon permits from other states recognized -- advisory council. (1) A concealed weapon permit from another state is valid in this state if:

(a) the person issued the permit has the permit in the person's immediate possession;

(b) the person bearing the permit is also in possession of an official photo identification of the person, whether on the permit or on other identification; and

(c) the state that issued the permit requires a criminal records background check of permit applicants prior to issuance of a permit.

(2) The states from which permits are recognized include, if they require the background check referred to in subsection (1)(c), but are not limited to Alaska, Arizona, Arkansas, Connecticut, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nevada, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington,

West Virginia, and Wyoming.

(3) Persons exempt from concealed weapon laws in other states and who may carry a concealed weapon in their home state without a permit do not have reciprocity in this state without a valid permit.

(4) A determination or declaration of a Montana government entity, official, or employee is not necessary to the existence and exercise of the right granted by this section.

(5) The governor shall establish a council, composed of interested persons, including law enforcement personnel and gun owners, to advise the governor on and pursue concealed weapon permit issues ."

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