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Thread: Carrying in Parks

  1. #1
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    Carrying in Parks

    I'm confused. Can we carry open or concealed in public parks in Montana? I feel like I need to be a lawyer to understand the laws when I read them.

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    What parks or particular park are you talking about.
    Last edited by Firearms Iinstuctor; 08-31-2016 at 09:33 PM.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by jerrman29 View Post
    I'm confused. Can we carry open or concealed in public parks in Montana? I feel like I need to be a lawyer to understand the laws when I read them.
    Welcome to OCDO jerrman29 - lots of good people here.

    " 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.

    "1985 – Local governments preemption.
    Even prior to founding MSSA, the founding members worked hard for your gun rights. These founders backed law preventing local governments from passing arbitrary gun control ordinances, except for regulating the discharge of firearms inside city limits, and regulating the carrying of firearms into public parks and public buildings.
    http://www.mtssa.org/?page_id=2
    Last edited by Grapeshot; 09-01-2016 at 12:11 AM. Reason: added
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    Basically any public parks in Butte. Just wanted to know if I can carry while bringing my daughter to the park. Looks like I can't. Thanks for the info.

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    Quote Originally Posted by Firearms Iinstuctor View Post
    What parks or particular park are you talking about.
    The info I was finding earlier I couldn't make heads or tails out of it. Another question I had was could I carry at an event like Evel Kneivel days but it looks like I can't do that either.
    Quote Originally Posted by Grapeshot View Post
    Welcome to OCDO jerrman29 - lots of good people here.

    " 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.

    "1985 – Local governments preemption.
    Even prior to founding MSSA, the founding members worked hard for your gun rights. These founders backed law preventing local governments from passing arbitrary gun control ordinances, except for regulating the discharge of firearms inside city limits, and regulating the carrying of firearms into public parks and public buildings.
    http://www.mtssa.org/?page_id=2

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  6. #6
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by jerrman29 View Post
    Basically any public parks in Butte. Just wanted to know if I can carry while bringing my daughter to the park. Looks like I can't. Thanks for the info.

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    Nothing at the state level prevents it. You need to look further into your local ordinances.

    I happen to find Butte-SilverBow ordinances online and found further a municipal code of 9.28.040

    https://www.municode.com/library/mt/...AUPEXCCIUNSHRA

    9.28.040 - Carrying weapons or explosive devices on public property prohibited—Exception for authorized persons—Exception for city-county shooting range.

    It is unlawful for any person, other than an authorized person, or those authorized to use a city-county shooting range as described in*Section 9.28.050, to carry concealed or unconcealed weapons or explosive devices to any publicly owned building, public park or school within the city-county.
    It looks like Butte is one of the most restrictive in the state, its actually the first I found that implements their rights the restrict.

    That said, events that occur in public places outside (not in a park or school etc) do not appear to be covered by this. You can open carry or conceal walking down the street or at public events held on say main Street such as parade or other outside event.

    I would recommend trying to work with people in Butte to try and amend or repeal the ordinance. Generally, at the state level, we have had several attempts to pass a state wide legislative change to state preemption that would fix this but our fine democratic governor keeps vetoing it every session it's passed. It's important to vote the correct people into office! We don't have a veto override amount of passing votes so it's just going to sit until we get a new governor most likely.



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