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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
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
(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.
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 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
(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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