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:

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 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 attorney general shall develop and maintain a list of states from which permits are recognized under this section for the use by law enforcement agencies in this state.

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

(4) 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 ."

- END -

I hereby certify that the within bill,

HB 0459, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

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

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.