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Thread: Need help understanding

  1. #1
    Regular Member
    Join Date
    Jul 2012
    Great Falls

    Need help understanding

    can one help me understand this from what iam getting is that i can not carry CC or OC in parks and schools even thou the state says i can need some help

  2. #2
    Regular Member hermannr's Avatar
    Join Date
    Mar 2011
    Okanogan Highland
    I don't know Montana State Law very well, but this muni code has an exemption for a couple particular sections of Montana State Code if you will look up the references in the second paragraph of .020 you may find your answer.

    If those particular references don't ease the restriction to state levels, you need to get political and force the city to comply.

  3. #3
    Campaign Veteran slapmonkay's Avatar
    Join Date
    May 2011
    I travel to MT frequently, not Great Falls though. Below is my analysis of this.

    MCA 45-8-351 is State Preemption. Whereas, the government may only enact those items afforded to it by the state legislation. Currently, MT state law allows local municipalities to regulate the conceal and/or open carry of firearms at the locations provided in the Great Falls municipals code (See Below).

    Quote Originally Posted by MCA 45-8-351
    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 concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.
    (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.
    (c) A local ordinance enacted pursuant to this section may not prohibit a legislative security officer who has been issued a concealed weapon permit from carrying a concealed weapon in the state capitol as provided in 45-8-317.
    However, looking at Great Falls code you linked in (B) where they list exceptions, they list:

    Quote Originally Posted by GFMC
    Exceptions are as otherwise provided by MCA 45-8-351(2)(b)(1997) which allows for display of firearms at shows or other public occasions by collectors and others, and MCA 45-8-317(1997) which states what persons are allowed to carry weapons, and as such statutes may hereafter be amended.
    In MCA 45-8-317, there is a list of items that may exempt you such as (g).

    Quote Originally Posted by MCS45-8-317
    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.
    (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.

    So while it looks like they may have tried to make it illegal. However, it appears as long as you have a permit you are exempt.

    I am not a lawyer, all facts provided here should be verified. You may want to get a real lawyers opinion on this, but that's my take.
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

  4. #4
    Regular Member
    Join Date
    Jul 2012
    Great Falls


    Thanks for the info on both things

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