INTRODUCED BY S. Hinebauch, J. Ellsworth, C. Glimm, D. Howard, D. Kary, T. Manzella, T. McGillvray, B. Molnar, K. Regier, C. Smith, G. Vance, M. Binkley, P. Fielder, G. Frazer, E. Hill, J. Hinkle, C. Hinkle, R. Knudsen, B. Ler, R. Marshall, B. Mitchell, M. Noland, B. Phalen, A. Regier, J. Schillinger, B. Tschida
A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING MEMBERS OF THE MONTANA LEGISLATURE TO CARRY A LAWFULLY POSSESSED AND CONCEALED HANDGUN ON STATE PROPERTY OPEN TO THE PUBLIC; AMENDING SECTIONS 45-8-317, 45-8-328, AND 45-8-351, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."
NEW SECTION. Section 1. Legislator possession of handguns on state property. (1) Except as provided in subsection (2), a senator or representative currently serving as a member of the state legislature may carry a lawfully possessed and concealed handgun on any portion of state property open to the public.
(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;
"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), 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:
(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:
(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.
(2) The provisions of subsection (1)(a) subsection (1) do not apply to a senator or representative currently serving as a member of the state legislature who carries a handgun in compliance with [section 1].
(2)(3) 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."
"45-8-351. Restriction on local government regulation of firearms. (1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.
(2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction.
(b) Nothing contained in this section allows any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others or to prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.
NEW SECTION. Section 4. 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].
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Prepared by Montana Legislative Services