_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE SECURE STORAGE OF FIREARMS; PROVIDING FOR A VIOLATION IF FIREARMS ARE NOT SECURELY STORED; PROVIDING FOR A VIOLATION IF A MINOR OR A PROHIBITED PERSON OBTAINS A FIREARM THAT SHOULD HAVE BEEN SECURELY STORED; and PROVIDING A PENALTY."

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

NEW SECTION. Section 1. Secure storage of firearms -- penalty for violations. (1) A person may not store or keep a firearm in a premises unless the firearm is secured in a locked container, secured by a gun lock, or secured by other means that render the firearm inaccessible or unusable to a person other than the owner or an authorized user.

(2) It is a violation if:

(a) a person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to the person or under the control of the person;

(b) a person fails to secure the firearm in a locked container, with a gun lock, or by other means to render the firearm inaccessible or unusable by a person other than the owner or an authorized user; and

(3) For the purposes of this section, a firearm is considered lawfully stored or lawfully kept if it is carried by or under the direct control of the owner or an authorized user.

(4) (a) A violation of subsection (1) must be punishable by a civil fine not to exceed $500.

(b) Except as provided in subsection (4)(c), a violation of subsection (2) must be punishable by a civil fine not to exceed $1,000.

(c) If the violation of subsection (2) results in a minor, an at-risk person, or a prohibited person obtaining and using the firearm to commit a crime or to injure themselves or others, the violation must be a misdemeanor.

(5) As used in this section, the following definitions apply:

(a) "At-risk person" means a person who has made statements or exhibited behavior that indicates to a reasonable person that there is a likelihood that the person is at risk of attempting suicide or causing harm to the person's self or to others.

(b) "Firearm" means a weapon that is capable of, is designed to, or may readily be converted to be capable of expelling a projectile by the action of an explosive.

(c) "Locked container" includes any secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.

(d) "Minor" means a person under 18 years of age who is not authorized to possess a firearm.

(e) "Prohibited person" means a person who is prohibited by 18 U.S.C. 922(g) or by state law from possessing a firearm.

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, chapter 8, part 3, apply to [section 1].