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Thread: Montana 2015 Legislature -List of Pro-Gun Bills - Montana Shooting Sports Association

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    Montana 2015 Legislature -List of Pro-Gun Bills - Montana Shooting Sports Association

    UPDATE 18JAN15



    The 64th Montana Legislature convened on Jan 5th. The Montana Shooting Sports Association introduced 15 pro gun bills for passage during the 2015 Legislative session. and we are now receiving Bill numbers and final text for this legislation.



    Here is a list of MSSA bills, as well as some non-MSSA bills indicating those we oppose or endorse. You can find the bill text, description and current status of each bill here. This page includes the following sections; SECTION 1) MSSA Bills, SECTION 2) MSSA Endorses these bills and SECTION 3) MSSA Opposes these bills.



    Please prepare for a trip to Helena, get ready to make some phone calls, write some letters to the editors, and making other efforts toward getting these bills passed into law. For those of you who do not reside in Montana, please use this information to push similar legislation in your own areas. If you have any questions or concerns, or you would like to know more about how you can get involved and participate in the process, please don’t hesitate to contact the MSSA Legislative Coordinator at elisa@mtssa.org



    2015 MSSA LEGISLATIVE STATUS AND SUMMARY INFORMATION: http://www.mtssa.org/?page_id=158


    *********************

    2015 Pro Gun Legislation Montana Shooting Sports Association

    Montana’s once-every-two-years legislative session will begin on Monday, January 5th 2015. When the session convenes, things will happen quickly because the session only lasts 90 working days. You need to be prepared to keep up and weigh in.

    Here is a list of the Bills we have slated to debate during this session. Please familiarize yourselves with these Bills and share the information with your Friends and Family members. Once the Legislature convenes, we are going to need your help to get these passed into law here in Montana. Please be prepared!

    If you reside in the State of Montana, PLEASE ask your Legislators to support these bills! And if you reside in other States, please work to get similar legislation enacted in your State.

    If you're interested in participating in, and/or keeping track of the progress of MSSA RKBA legislation in Montana this legislative session, the following options are available to you:

    1) You may "Like" and "Follow" our facebook page, which will be updated regularly during the legislative session beginning 01/05/2015. https://www.facebook.com/pages/Monta...3426517?ref=hl

    2) You may contact MSSA and ask to be added to our legislative update email distribution list: mssa@mtssa.org

    3) For questions and concerns regarding this, or any, legislation the MSSA is currently working on, you may contact the MSSA Legislative Coordinator at elisa@mtssa.org or on the MSSA Legislative Coordinator facebook page at https://www.facebook.com/MSSALegCoord

    http://www.mtssa.org

    MONTANA SHOOTING SPORTS ASSOCIATION
    2015 LEGISLATIVE ISSUES


    1. Smokeless powder and primer production. There is a serious threat to our right to bear arms because of narrow, monolithic and federally-controlled manufacture of essential ammunition components, smokeless powder (propellant), primers and cartridge brass. For example, there are only two manufacturers of smokeless powder in the U.S., one plant owned by defense contractor General Dynamics and another owned by defense contractor Alliant Systems (ATK). All other smokeless powder used in the U.S. is imported, and subject to immediate and arbitrary import restrictions. And, General Dynamics and Alliant Systems are subject to a standard condition of military contracts that 100% of their production may be commandeered for military use at any time. Without ammunition, our firearms and our right to bear ammunition are worth nothing. We propose certain incentives to encourage small-scale production of ammunition components in Montana. That model includes offering liability protection to future producers, providing that such producers qualify for existing state assistance with financing, and will include a 20-year tax amnesty from start of business, which would give up zero current tax income to the state but would provide jobs for Montana.
    http://leg.mt.gov/bills/2013/billhtml/HB0468.htm


    2. Prohibit enforcement of new federal gun laws by Montana public employees. Every week there is talk of a new federal gun control bill, to limit magazine capacity, to outlaw semi-auto rifles, to ban common bullets, to limit the number of firearms a person may own, and many more. The principle has already been established by the U.S. Supreme Court (Printz v. US) that the federal government may not commandeer state and local government employees to implement federal programs. We propose that Montana public employees be prohibited from enforcing, or assisting to enforce, any federal gun laws that are not already in effect.
    http://leg.mt.gov/bills/2013/billhtml/HB0302.htm


    3. Allow safe travel to work and employee property right inside private vehicles. Employees have a property right to what they choose to carry in their vehicles, whether Bibles, newspapers, or firearms. Employees also have a constitutional right to be equipped to provide for their own personal protection when traveling to and from work. However, many private employers have made it a termination offense for an employee to have a firearm locked in the employee's vehicle if that vehicle is parked in a company parking lot. Such employers assume no responsibility for employee safety during travel to and from work. We propose that employers be prohibited from firing employees only because that employee has a firearm locked in a privately owned vehicle in a company parking lot. This bill would require that any such firearms also be out of sight from outside the vehicle.
    http://leg.mt.gov/bills/2013/billhtml/HB0571.htm


    4. “Prohibited Places.” There is a badly-conceived statute at 45-8-328 to regulate "prohibited places." This law allows anyone to carry a firearm openly in the listed places but prohibits those who have taken training, had a background check, obtained a concealed weapon permit from their sheriff from exercising their CWP in these “prohibited places.” We propose that this archaic and bad law be repealed. There is a backup, alternative solution at:
    http://leg.mt.gov/bills/2013/billhtml/HB0358.htm


    5. University system gun bans. The people of Montana have reserved from government interference the right to keep or bear arms in the Montana Constitution. The Montana university system is a government entity. The Montana Constitution gives the Board of Regents broad authority to manage the affairs of the U. system, but it gives the Board NO authority whatsoever to suspend, amend or abolish the Constitution and the rights the people have reserved to themselves from government interference. We propose a bill that withdraws all authority from the Board of Regents to restrict firearms on U. system campuses, and then gives back to the U. system narrowly-tailored authority to adopt certain restrictions that are sensible and also defensible under recent federal (Heller and McDonald) and state (Colorado, Oregon and Utah) court cases.
    http://leg.mt.gov/bills/2013/billhtml/HB0240.htm


    6. Sheriffs First - Law Enforcement Cooperation. Many Montanans, both citizens and people in public office, are concerned about the lack of accountability of federal officers conducting law enforcement operations in Montana. In Montana, we know the county sheriff and he is elected and accountable locally. We believe the sheriff is the chief law enforcement officer in the county, and ought to have the tools to implement that status. MSSA will offer a bill to require federal officers to obtain the written permission of the local sheriff before conducting an arrest, search, or seizure in the sheriff’s county. There are exceptions for federal reservations, Border Patrol, Immigration and Naturalization Service, close pursuit, when a federal officer witnesses a crime that requires an immediate response, if the sheriff or his personnel are under investigation, and other necessary exceptions. This bill was passed by the Legislature in 1995, but was vetoed by the Governor.
    http://www.SheriffsFirst.net


    7. Sound suppressors illegal for poaching only. Firearm suppressors do not "silence" firearms, but suppress somewhat the noise of the muzzle blast. They do nothing to attenuate the loud crack of the sonic boom as a bullet breaks the sound barrier all along its flight path. Currently, firearm suppressors are illegal for hunting. FWP argues this is necessary for them to be able to catch criminals who poach. We propose a bill to make use of suppressors illegal for poaching only, but not for general hunting. Some argue that use of suppressors for hunting is not "fair chase," because the hunted animal would not hear the muzzle blast from a hunter's rifle. This argument ignores physics - that a rifle bullet arrives before the sound of the muzzle blast because the bullet flies faster than the speed of sound. It ignores that a missed shot will startle the game animal with the nearby sonic boom before any sound of muzzle blast arrives. Finally, it ignores the common acceptance of "fair chase" hunting with absolutely silent arrows during archery season.
    http://leg.mt.gov/bills/2013/billhtml/HB0205.htm


    8. Harmonizing concealed weapon permit (CWP) requirements. Since 1991, a CWP has not been required for a law-abiding person to carry a concealed weapon in 99.4% of Montana - outside the limits of cities or towns. With over two decades of experience that not requiring CWPs for nearly all of Montana has not created any problems, we propose a bill to harmonize the law so a permit will no longer be required for a law abiding person to carry a concealed weapon in the remaining small 6/10ths of 1% of Montana, inside cities and towns. We intend to leave the permitting process in place, so citizens who desire them may still obtain CWPs for travel to other states that recognize Montana CWPs, and for firearm purchases at gun stores under the federal Brady Law. This change would exclude criminals from applicability - it would still be illegal for criminals to carry concealed weapons.
    http://leg.mt.gov/bills/2013/billhtml/HB0304.htm


    9. Clarify authority of school boards for firearms violations. An underreported tragedy in Montana is the number of students who have been disciplined, many expelled, for forgetting that their hunting rifle was locked in their vehicle, usually from a weekend hunt. When such a condition occurs in a school parking lot, ill-informed administrators usually tell reviewing school boards (incorrectly) that the board has no choice but to expel offending students because of mandatory federal law. However, unknown to these poorly-informed administrators, federal law on the subject specifically excludes from consideration any firearm locked in a vehicle in a school parking lot. About 450 Montana high school students have been expelled, and had their academic aspirations ruined for life, over this issue. We propose a bill to clarify for uninformed administrators and misinformed school boards that firearms locked in a student vehicle does not mandate expulsion, but that school boards have full discretion to apply discipline as needed and appropriate to the ingredients of the incident. This bill would NOT deprive school boards of tools to deal with genuine safety problems, but would clarify that firearms locked in vehicles do not MANDATE student expulsion.
    http://leg.mt.gov/bills/2011/billhtml/HB0558.htm


    10. Bankruptcy and Arms. Allow up to $5,000 of firearms, archery equipment and ammunition that a person has owned for a year or more to be exempt from claims under bankruptcy.


    11. Home Guard. Expand upon existing laws establishing the Montana Home Guard to specify organization, mission, duties, responsibilities and control.
    http://leg.mt.gov/bills/2011/billhtml/HB0278.htm


    12. Shooting range funding. Montana began using some hunter license money to make matching grants to develop local shooting ranges in 1989. The program to build safe and suitable places for Montana people to shoot was put into state law in 1999, as the Shooting Range Development Program (SRDP). The funds for this program are approved each legislative session in the appropriations process for the Department of Fish, Wildlife and Parks budget. There are no general tax revenues used for this program, only the money hunters pay for licenses. The 2007 Legislature appropriated $1,000,000 for the SRDP. $600,000 was appropriated in 2009, and about $650,000 in 2011 and 2013. We ask that $1,000,000 be appropriated to the SRDP in the 2014 legislative session, regardless of any FWP opposition to that level of funding.
    Last edited by MSSA LegCoord; 01-18-2015 at 08:51 AM. Reason: New Information

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    Quote Originally Posted by MSSA LegCoord View Post

    <snip>
    4. “Prohibited Places.” There is a badly-conceived statute at 45-8-328 to regulate "prohibited places." This law allows anyone to carry a firearm openly in the listed places but prohibits those who have taken training, had a background check, obtained a concealed weapon permit from their sheriff from exercising their CWP in these “prohibited places.” We propose that this archaic and bad law be repealed. There is a backup, alternative solution at:
    http://leg.mt.gov/bills/2013/billhtml/HB0358.htm
    .
    BR chk? Really? Oh boy.. Trrrrraining? What training?

    Really, a person should be able to carry how/when/where he chooses.

    We agree though, its a bad bill.

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    8. Harmonizing concealed weapon permit (CWP) requirements. Since 1991, a CWP has not been required for a law-abiding person to carry a concealed weapon in 99.4% of Montana - outside the limits of cities or towns. With over two decades of experience that not requiring CWPs for nearly all of Montana has not created any problems, we propose a bill to harmonize the law so a permit will no longer be required for a law abiding person to carry a concealed weapon in the remaining small 6/10ths of 1% of Montana, inside cities and towns. We intend to leave the permitting process in place, so citizens who desire them may still obtain CWPs for travel to other states that recognize Montana CWPs, and for firearm purchases at gun stores under the federal Brady Law. This change would exclude criminals from applicability - it would still be illegal for criminals to carry concealed weapons.
    http://leg.mt.gov/bills/2013/billhtml/HB0304.htm
    HB304 is Montana Shooting Sports Association's flagship bill. It passed both the house and the senate in BOTH of the previous legislative sessions, but was vetoed by the Democratic Govenor each time (because it is a Republican backed bill).

    Since the same Govenor is in office - Govenor Buttlick - it will be necessary to get a sufficient number of votes to override his veto. At least 2/3 of each house must vote "For" in order to override a veto ~ 67 in the House and 34 in the Senate.

    Every gun owner from every state MUST contact the Montana legislatures to support this bill.

    This link has info on how to go about concting these people:

    http://progunleaders.org/Legislative%20Process/

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    Lots of good stuff here - I really wish I lived in Montana -- if these laws pass it would essentially do the following(?):

    1) Make Montana a Constitutional Carry state
    2) Make licensed concealed carry legal in certain "prohibited places" (I presume that carrying under Constitutional Carry if passed would still be illegal in these places)
    3) Make Montana an "extended domain" state - as long as possession is legal, a person can keep a weapon in their car - except where preemption doesn't reach.
    4) Nullify (new) federal gun laws
    5) Mandate that the feds have to get local permission to conduct federal law enforcement activity

    What I see isn't being changed is preemption - cities still would have the power to enforce laws on carrying in public parks, gatherings, schools, and public buildings

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    Quote Originally Posted by 3.
    ...This bill would require that any such firearms also be out of sight from outside the vehicle.
    I'd like to see this clarified that this is only needed to receive the protection afforded by the law. We wouldn't want it construed that it is now illegal to have a firearm visible in a parked car.
    Last edited by MAC702; 01-01-2015 at 02:42 PM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    ...We agree though, its a bad bill.
    If you write them about it, please note that the BILL is a good one because it will repeal the current bad LAW.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Montana really should lead the nation in protecting the Second Amendment by enshrining into statutory law the following:

    1) Unorganized militia - All able-bodied adult citizens, capable of bearing arms and not otherwise enrolled in federal military service or the state national guard shall compromise the unorganized militia of the State of Montana. (put is some exceptions for violent felons, mentally unfit persons, etc.).

    2) State explicitly that the citizens are expected (if not required) to maintain their own private arms of a type suitable for service in the field if called upon.

    3) State explicitly that suitable arms include, but are not limited to, semi-automatic firearms with detachable high capacity magazines, x amount of ammunition, and related accouterments.

    I tell you that if any single state enshrines semi-automatic firearms as the preferred type of arm suitable for ownership and use by its own citizens, in anticipation of being called up for service in the state militia, then anti-gun forces will have extreme Constitutional issues to overcome in an effort to legally justify a ban on these weapons at the Federal level.

    Why not have a state Attorney General sue the Federal Government on Second Amendment grounds? Wouldn't that be a welcome change? The antis have already argued that the Second Amendment was meant to prevent the Federal government from disarming State militias so it would be interesting to see how they would deal with as a State plaintiff in a Second Amendment case.
    Last edited by OC4me; 01-01-2015 at 03:04 PM.

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