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SENATE BILL NO. 133
INTRODUCED BY ROSENDALE
A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING CRIMINAL INVESTIGATORS EMPLOYED BY THE OFFICE OF THE STATE PUBLIC DEFENDER TO CARRY A CONCEALED WEAPON IF THEY HAVE A VALID CONCEALED WEAPONS PERMIT; ALLOWING CERTAIN PERSONS TO CARRY A CONCEALED WEAPON IN PROHIBITED PLACES; DELETING THE PROVISION PROVIDING THAT IT IS NOT A DEFENSE THAT THE PERSON HAD A VALID PERMIT TO CARRY A CONCEALED WEAPON; AND AMENDING SECTION SECTIONS 45-8-317 AND 45-8-328, 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;
(j) the carrying of arms on one's own premises or at one's home or place of business; or
(k) the carrying of a concealed weapon in the state capitol by a legislative security officer who has been issued a permit under 45-8-321 or with a permit recognized under 45-8-329.; or
(l) a criminal investigator employed by the office of the state public defender issued a permit under 45-8-321 or with a permit recognized under 45-8-329.
(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 45-8-328, 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) and criminal investigators employed by the office of the state public defender as provided in 45-8-317(1)(l) PERSONS LISTED IN 45-8-317(1)(A) THROUGH (1)(H), (1)(K), AND (1)(L), 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.
(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."
- END -
Latest Version of SB
133 (SB0133.03)
Processed for the Web on March 18, 2013 (8:30am)
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