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Carrying in Parks
- Thread starter jerrman29
- Start date
Firearms Iinstuctor
Regular Member
What parks or particular park are you talking about.
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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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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.
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slapmonkay
Campaign Veteran
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...PUPRRE_9.28.040CAWEEXDEPUPRPRXCAUPEXCCIUNSHRA
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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