1999 Montana Legislature

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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

Montana State Seal

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 guardsman 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)  Except with 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 permit reciprocity agreements permits from other states recognized -- advisory council. (1) The governor may negotiate concealed weapon permit reciprocity agreements with other states that have concealed weapon permit laws similar to those of Montana. 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.

     (2)(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 reciprocity concealed weapon permit issues and agreements."

- END -




Latest Version of HB 459 (HB0459.ENR)
Processed for the Web on April 22, 1999 (9:55AM)

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