House bill NO. 266

INTRODUCED BY T. Brockman

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT ELIMINATING THE ADVISORY COUNCIL ON CONCEALED WEAPON PERMIT ISSUES; AMENDING SECTION 45-8-329, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

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

Section 1. 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."

Section 2. Effective date. [This act] is effective on passage and approval.