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Thread: HB 358 - Some what fixes state preemption

  1. #1
    Campaign Veteran slapmonkay's Avatar
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    HB 358 - Some what fixes state preemption

    http://data.opi.mt.gov/bills/2013/billhtml/HB0358.htm

    Let your House member know how you stand.

    Section 2. Section 45-8-351, MCA, is amended to read:
    "45-8-351. Restriction on local government regulation of firearms. (1) Except as provided in subsections (2) and (3), 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:
    (i) except for persons with a valid permit to carry a concealed weapon, the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school,; and
    (ii) 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.
    (3) A county, city, town, consolidated local government, or other unit of local government has the power to prohibit or regulate the carrying of concealed or unconcealed firearms in a secure area, including by persons who have a valid permit to carry a concealed weapon.
    (4) A person in charge of a correctional institution as defined in 45-2-101, law enforcement facility, court, or mental health facility may establish policies for secure areas within those facilities and prohibit or regulate firearms within secure areas subject to the following requirements:
    (a) At least one written notice must be conspicuously displayed at each entrance to a secure area in which firearms are restricted.
    (b) Provisions must be made to provide a secure storage area so that persons entering the secure area may store their firearms securely before entering the secure area.
    (c) The facility is responsible for the firearms while the firearms are stored in the secure storage area.
    (5) It is a defense to any prosecution under this section that the person acted in conformity with the facility's policies established pursuant to subsection (4).
    (6) (a) For purposes of this section, "secure area" means an area beyond a locked door in an area not normally accessible by the public or an area beyond a security checkpoint where reasonable means, such as mechanical, electronic, x-ray, or similar devices, are used to detect firearms, ammunition, or dangerous weapons contained in the personal property of or on a person attempting to enter the area.
    (b) The term does not include any area normally accessible to the public."
    Last edited by slapmonkay; 02-15-2013 at 02:09 PM.
    I Am Not A Lawyer, verify all facts presented independently.

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    Regular Member LkWd_Don's Avatar
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    It will be a while before I have an address there, so do not really have someone to tell.
    But I thank you for posting that, I will be following it and hoping that the right thing comes of it.
    Lets Unite and REMIND our Government that WE are the source of their authority and that WE demand our Rights be returned, Unabridged, Non-infringed, without denial or disparagement. The faults of a few, reflect badly on many, I therefore do not suggest anyone support WAC. My EDC is either a H&K USP .40 or a Taurus 689 .357 filled with Snake Loads

  3. #3
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by LkWd_Don View Post
    It will be a while before I have an address there, so do not really have someone to tell.
    But I thank you for posting that, I will be following it and hoping that the right thing comes of it.
    Where abouts you thinking about moving?
    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 LkWd_Don's Avatar
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    Quote Originally Posted by slapmonkay View Post
    Where abouts you thinking about moving?
    Just east of Miles City.. did look at the district breakdowns before, seem to recall 39 as being one, can't remember if that was House or Senate.

    If you're up on maps. Our property is in Section 10 T08N R49E not far from Grimes Creek off of Davis Rd

    EDIT found it. House 39 Senate 20
    http://nris.mt.gov/gis/legislat/2013...sp?District=39
    Last edited by LkWd_Don; 02-04-2013 at 02:21 AM. Reason: See in text EDIT
    Lets Unite and REMIND our Government that WE are the source of their authority and that WE demand our Rights be returned, Unabridged, Non-infringed, without denial or disparagement. The faults of a few, reflect badly on many, I therefore do not suggest anyone support WAC. My EDC is either a H&K USP .40 or a Taurus 689 .357 filled with Snake Loads

  5. #5
    Campaign Veteran slapmonkay's Avatar
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    For those of you interested, here is a quick submit contact form for sending mail to your legislature and committee's. They print out your letter and hand deliver to your representatives office daily. I have used it several times already and had received responses fairly quickly from the representatives.

    http://leg.mt.gov/css/Sessions/63rd/legwebmessage.asp


    Quote Originally Posted by LkWd_Don View Post
    Just east of Miles City.. did look at the district breakdowns before, seem to recall 39 as being one, can't remember if that was House or Senate.

    If you're up on maps. Our property is in Section 10 T08N R49E not far from Grimes Creek off of Davis Rd

    EDIT found it. House 39 Senate 20
    http://nris.mt.gov/gis/legislat/2013...sp?District=39
    Yup, couldn't get much further away from me without leaving the state .
    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.

  6. #6
    Regular Member LkWd_Don's Avatar
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    Quote Originally Posted by slapmonkay View Post
    For those of you interested, here is a quick submit contact form for sending mail to your legislature and committee's. They print out your letter and hand deliver to your representatives office daily. I have used it several times already and had received responses fairly quickly from the representatives.

    http://leg.mt.gov/css/Sessions/63rd/legwebmessage.asp




    Yup, couldn't get much further away from me without leaving the state .
    We will have to give you advance notice of when we will be driving through, maybe we can all meet (You, 380Lady, and I) for a travel break as we are heading east.
    Lets Unite and REMIND our Government that WE are the source of their authority and that WE demand our Rights be returned, Unabridged, Non-infringed, without denial or disparagement. The faults of a few, reflect badly on many, I therefore do not suggest anyone support WAC. My EDC is either a H&K USP .40 or a Taurus 689 .357 filled with Snake Loads

  7. #7
    Campaign Veteran slapmonkay's Avatar
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    This bill along with several other gun bills are scheduled for Judiciary Committee on 02/12/2013 and 02/13/2013. Please send you comments TODAY on the following bills to the Judiciary Committee members and your local representatives.

    HB205
    HB302
    HB303
    HB304
    HB358


    Quote Originally Posted by LkWd_Don View Post
    We will have to give you advance notice of when we will be driving through, maybe we can all meet (You, 380Lady, and I) for a travel break as we are heading east.
    Sounds good. I am about 50 min away from I-90.
    Last edited by slapmonkay; 02-15-2013 at 02:09 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.

  8. #8
    Campaign Veteran slapmonkay's Avatar
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    HB304 (Constitutional Carry) and HB358 (Preemption Fix) are before the Judiciary Committee tomorrow morning 2/13/2013.

    Use the online messaging form to get your vote to the committee members. http://leg.mt.gov/css/sessions/63rd/legwebmessage.asp
    Last edited by slapmonkay; 02-15-2013 at 02:09 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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