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Thread: Montana 2013 Legislative Session Gun Related Legislation

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    Montana 2013 Legislative Session Gun Related Legislation

    Full descriptions and where they are at can be found by going to: http://www.leg.mt.gov/css/sessions/63rd/default.asp and using LAWS to look them up.

    HB304 - Draft of the Constitutional Carry bill that was passed last session but vetoed by the Governor. Expected to pass this time and be signed.
    LC1041 - Draft changing the language and prohibited places for permit carriers
    SB145 - Make the information from permit process not public information. VERY hotly debated in Senate Judiciary currently.
    HB205 - Allowing suppressors in the field

    If you live in MT, get on your legislators and get these passed.

    ETA - LC1042 was changed to HB304
    Last edited by MontanaCZ; 01-25-2013 at 08:55 PM.

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    Quote Originally Posted by MontanaCZ View Post
    Full descriptions and where they are at can be found by going to: http://www.leg.mt.gov/css/sessions/63rd/default.asp and using LAWS to look them up.

    HB304 - Draft of the Constitutional Carry bill that was passed last session but vetoed by the Governor. Expected to pass this time and be signed.

    YEAH!

    HB304 is the bill number.

    This is the MTSSA's flagship bill that they have been valiantly trying to get passed for many years now that will allow concealed carry in city limits without a permit.

    Watch the Montana Legislature's website for updates on the progress of this bill:

    http://leg.mt.gov/css/default.asp

    Click on "2013 Laws" then type in the Bill Type (HB) and Number (304).


    For more info on how to contact the legislatures go to:

    LEGISLATIVE PROCESS, TRACKING BILLS AND CONTACTING LEGISLATORS

    http://www.mtssa.org/legisupdates.phtml?legupdate_id=2


    CONTACTING LEGISLATORS - You may contact legislators several ways. You may call and leave a message for them at 444-4800. You may send them a letter at Capitol Station, Helena, Montana 59620. Be advised that letters may take one to four days to get through the state mail system once they get to Helena. You may send letters by FAX to legislators at 444-4825 for the House, and 444-4875 for the Senate (no 900 number this session). The inside address of a letter or FAX should be "Representative Joe Blow", and the greeting should be "Dear Representative Blow".

    Phone messages should be VERY brief. Give your name, your phone number, the name of the legislator whom the message is for, and a short message such as "Please support HB90.", or "Please help get HB90 out of House Judiciary Committee.", or "Please call me." Legislators and the message takers are incredibly swamped with work. Don't waste their time attempting long messages. DO SEND MESSAGES - but be brief.

    Email to legislators. The Legislature's Webpage is supposed to have a link for sending email to legislators (supposed to be working sometime during the first week of January). Some legislators have personal email accounts where they may be reached. Check the Legislature's Website for email addresses. <http://laws.leg.state.mt.us/pls/laws05/LAW0200W$.startup>

    Letters and FAX letters should be less than one full page. Be sure the letter contains return contact information, including your phone number and address, as well as the name of the legislator. If you can state your message in two or three short sentences, it is much more likely to be read than if you use four long paragraphs. Use generous margins, and leave lots of white space in the letter. If your penmanship is not better than average, type the letter.

    In phone calls and letters, ALWAYS BE POLITE. If you feel strongly about an issue, it is acceptable to say "I feel very strongly about this!" But regardless of how strongly you feel, DON'T EVER THREATEN a legislator, such as "Vote the way we want or we'll get even at the polls next election." Treat them the way you would like to be treated.

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    HB-205 Suppressor Bill passed the House Judiciary today and heads to the House floor for vote next week. Get in touch with your reps.

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    Legislation Update 2/22

    MT Gun rights legislation update:
    -HB304 (Constitutional Carry) is on to its 3rd reading (Passed 60-40 2nd read)
    -HB302 (Federal Firearm not enforced by state) is on to its 3rd reading (Passed 55-44 2nd read)
    -HB358 (Preemption Modification) is on its 2nd reading TODAY

    I have yet to see any gun-control legislation introduced, only that to expand run rights. Let your local representatives know your feelings on the above legislation.
    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.

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    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by slapmonkay View Post
    MT Gun rights legislation update:
    -HB358 (Preemption Modification) is on its 2nd reading TODAY
    HB358 is dead it failed to pass the 2nd reading today 48-52
    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.

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    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by slapmonkay View Post
    MT Gun rights legislation update:
    -HB304 (Constitutional Carry) is on to its 3rd reading (Passed 60-40 2nd read)
    -HB302 (Federal Firearm not enforced by state) is on to its 3rd reading (Passed 55-44 2nd read)
    HB304 has passed its 3rd reading (58-41)
    HB302 has passed its 3rd reading (56-42)

    These two will now be transmitted to the Senate.
    Last edited by slapmonkay; 02-22-2013 at 05:40 PM.
    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.

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    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by MontanaCZ View Post
    SB145 - Make the information from permit process not public information. VERY hotly debated in Senate Judiciary currently.
    HB205 - Allowing suppressors in the field
    SB145 has passed 3rd reading and is being transmitted to the House.
    HB205 has passed 3rd reading and is being transmitted to the Senate.
    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.

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    HB304
    (S) Scheduled for 3rd Reading 03/23/2013
    HB302
    (H) Returned from Enrolling 03/21/2013
    HB205
    (S) 2nd Reading Passed Consideration 03/13/2013
    SB145
    (S) Transmitted to Governor 03/21/2013

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    HB304
    (S) 3rd Reading Concurred 03/23/2013
    HB302
    (H) Signed by Speaker 03/22/2013
    HB205
    (S) 2nd Reading Passed Consideration 03/13/2013
    SB145
    (S) Transmitted to Governor 03/21/2013

  10. #10
    Campaign Veteran slapmonkay's Avatar
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    HB205 and HB302 have both been veto'ed by the governor.

    HB205 was the one to allow silencers while hunting
    HB302 was the federal nullification of any assault or high capacity magazines.
    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.

  11. #11
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    He did sign SB-145 to keep the CCW permit application information confidential.

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    Quote Originally Posted by slapmonkay View Post
    HB205 and HB302 have both been veto'ed by the governor.

    HB205 was the one to allow silencers while hunting
    HB302 was the federal nullification of any assault or high capacity magazines.
    Here is an article about Bullock's veto:

    http://tenthamendmentcenter.com/2013...otection-bill/

    Montana Governor Lies About the Constitution, Vetoes 2nd Amendment Protection Bill

    Posted by Michael Boldin

    Here’s a surprise for you; some Governors have absolutely zero understanding of the Constitution. None, whatsoever. Montana Governor Steve Bullock seems to fit that description quite nicely.

    Yesterday, he vetoed Montana House Bill 302 (HB302). The bill would require the state to refuse to enforce or assist the enforcement of any federal bans on semiautomatic weapons or large capacity magazines. The bill states, in part:

    A peace officer, state employee, or employee of any political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on semiautomatic weapons or large magazines and is also prohibited from participating in any federal enforcement action implementing a federal ban on semiautomatic weapons or large magazines.

    Here’s why Bullock is clueless about the Constitution. In his veto message he wrote that the bill would put “law enforcement in the position of violating laws they have sworn to uphold” and “subject our peace officers to criminal sanctions for upholding the oath we ask that they take.”

    Here’s a message for you, Steve. You’re a liar, and we know it.

    There is absolutely ZERO serious discussion from anyone beyond a 4th grade education about the fact that the federal government cannot “commandeer” the states to carry out its laws. None.

    Even the Supreme Court has affirmed this multiple times.

    In the 1992 case, New York v. United States, the Supreme Court ruled that Congress couldn’t require states to enact specified waste disposal regulations.

    In the 1997 case, Printz v. United States, the Supreme Court ruled that the federal government could not command state law enforcement authorities to conduct background checks on prospective handgun purchasers.

    In the 2012 case, National Federation of Independent Business v. Sebelius, the Supreme Court ruled that a significant expansion of Medicaid, was not a valid exercise of Congress’s spending power, as it would coerce states to either accept the expansion or risk losing existing Medicaid funding.

    In each of these cases, the Supreme Court made is quite clear that their opinion is that the federal government cannot require the states to act, or even coerce them to act through a threat to lose funding. Their opinion is correct. If the feds pass a law, they can sure try to enforce it if they want. But the states absolutely do NOT have to help them in any way. This is really basic stuff that no one disagrees with, except people like Steve Bullock when their trying to mislead people.

    So to say that Montana law enforcement would be “violating laws” or “subject…to criminal sanctions” for not carrying out federal law FOR the feds is a bald faced lie. And Steve Bullock knows it.

    The people of Montana should be disgusted.

    On the right, those who support the right to keep and bear arms know that no matter what gun laws are ever passed in DC – this year or in the future – Steve Bullock will require the state of Montana to enforce them.

    On the left, those who support the medical marijuana program that voters approved years ago, know that Bullock will continue to be an embarrassment to progressives, requiring local law enforcement to continue working with the DEA when they don’t even have to.

    Now if Bullock would have skipped this part of the veto message and just focused on the political statement that he also included, that would be more…acceptable. Still wrong-headed and dangerous, but not as bad as his lie that the state needs to carry out and enforce every federal law. He wants your local law enforcement to take all the risk, and to bear all the cost, while the feds sit back and do nothing or take the credit where the local law enforcement carries all the water.

    His veto message continues:

    Further, HB 302 is unnecessary. To date, there has been no action in Congress to enact a ban on semiautomatic weapons. Moreover, recent news reports have indicated that a majority of Congress does not support such legislation.

    That may be the case for 2013, and it’s certainly decent news for the short term. But, anyone thinking that this is over with because it won’t pass in 2013 is mistaken. Anyone saying “there’s nothing to worry about” is a liar. If you don’t believe me, maybe you’ll believe Joe Biden:

    “Let me say this as clearly as I can: this is just the beginning,” he said just this week. “We believe that weapons of war have no place on our streets. That’s the message that retired admirals and generals have spoken to us about. The comment one of them used was if you want to learn how to use a semiautomatic weapon, join the United States military. But these are weapons of war.”

    The attempts to ban semiautomatic weapons and high capacity magazines are just beginning and making sure that the federal government knows that they’ll get no support enforcing such a ban from the State of Montana, is a good first step in rendering any such ban ineffective.

    As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here)

    Steve Bullock is a joke, and while we realize that no one is going to vote this bum out of office anytime soon, the People of Montana can certainly pressure their state senators and representatives to override his veto and render worthless his constitutional-idiocy.

    For Bullock to say such garbage about Montana being required to enforce federal law, we say “Bollocks!”

    ACTION ITEMS for Montana

    1. Contact your state representative. Strongly, but respectfully urge him or her to OVERRIDE the Veto on HB302

    Contact info here:

    http://leg.mt.gov/css/find%20a%20legislator.asp

    2. Contact your state senator. Strongly, but respectfully urge him or her to OVERRIDE the Veto on HB302

    Contact info here:

    http://leg.mt.gov/css/find%20a%20legislator.asp

  13. #13
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    I contacted my representatives in support of veto override vote. I also sent a stern displeasure email to the governor.
    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.

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    It's a shame that our so called leaders of this great state are traitors.

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