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Email to/from the Mayor of Billings, MT

mattjohnston87

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Sep 25, 2006
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Billings, Montana, USA
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Email to the Mayor:

Hello Mr. Mayor,

My name is Matt Johnston, a citizen here in Billings. I have a question about
the open carry of firearms in our great state of Montana.

Montana code (45-8-351) states that the open carry of firearms, whether it be a
handgun or other weapon, is legal in this state. I strongly believe in our
Second Ammendment rights as citizens, and would like to preserve it for
generations to come.

My question is, what do you think about the open carry of firearms? I know you
come from a police background, and this is another reason I was wondering of
your opinion, as I do not know if the Law Enforcement Officers in our town know
about this law.

I was not born here in Montana, but I was raised here. Guns were always apart
of the lifestyle in Montana, being it hunting or target shooting, or for
personal protection. I hope to preserve these rights, and pass them on to my
children. Thank God for our privelege to live in the great country we are able
to live in.

I apologize for the lengthy email, and understand if you are too busy to reply,
but I thought I would ask.


Sincerely,

Matt Johnston

Email from the Mayor:

Matt,

I support the second amendment but I would caution you that if you started
walking around town carrying a long gun or with a peacemaker strapped to your
hip, someone will call and the cops will come and check you out. You won't get
charged, of course, but with all the school violence recently, is it worth it to
make that point so publically? If you really need a weapon with you constantly
you should probably apply for a concealed carry permit with the Sheriff.

Ron
___________________________________________________________________

What do you all think? I never mentioned anything about long guns in my email to him, don't know why he brought it up. He is also the former Police Chief.

Thanks,
Matt
 

mattjohnston87

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Billings, Montana, USA
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You won't get charged, of course, but with all the school violence recently, is it worth it to make that point so publically?
Of course we need to make it so publically. To much bad publicity and nobody remembers the real truth.



Matt
 

ProguninTN

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, Tennessee, USA
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Perhaps the mayor thought you meant longgun-with-a-sling carry ? Anyways, I'm not surprised that he would discourage open carry. It seems common in large urban areas even in Pro-2A states. I guess you now have the task of educating people of the legality of open carry.

ProguninTN
 

Dutch Uncle

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Try to round up a handful of likeminded folks in your area who are decent and reasonable. Then start having dinners together at local restaurants while open carrying. You might expect some hassles at first, but as long as you are cool, the locals (citizens and cops) will come around.

The rights you speak of don't stay around forever in today's politcal climate if they remain unused.
 

mattjohnston87

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Billings, Montana, USA
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Dutch Uncle wrote:
Try to round up a handful of likeminded folks in your area who are decent and reasonable. Then start having dinners together at local restaurants while open carrying. You might expect some hassles at first, but as long as you are cool, the locals (citizens and cops) will come around.

The rights you speak of don't stay around forever in today's politcal climate if they remain unused.

I know we can't CC anywhere alcohol is served (almost every restaurant, unless of the fast food persuasion). Can't immediately find if that applies to OC as well. Now I just need to find more OC people around here.

Matt
 

DKSuddeth

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Bedford, Texas, USA
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is it worth it to make that point so publically? If you really need a weapon with you constantly you should probably apply for a concealed carry permit with the Sheriff
In other words, We have a lot of whiny blissninnies who panic at the sight of a gun not accompanied by a badge and I don't want to hear my officers complain about having to respond to 'man with a gun' calls. please make my elite life more.....elite by not drawing attention to yourself by exercising your rights.
 

VApatriot

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Burke/Blacksburg, Virginia, USA
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mattjohnston87 wrote:
Dutch Uncle wrote:
Try to round up a handful of likeminded folks in your area who are decent and reasonable. Then start having dinners together at local restaurants while open carrying. You might expect some hassles at first, but as long as you are cool, the locals (citizens and cops) will come around.

The rights you speak of don't stay around forever in today's politcal climate if they remain unused.

I know we can't CC anywhere alcohol is served (almost every restaurant, unless of the fast food persuasion). Can't immediately find if that applies to OC as well. Now I just need to find more OC people around here.

Matt

That's one of the reasons that OC seems tobe growing here in Virginia. People havestarted togettired of not being able to CC where alcohol is served,so instead of disarming, they have come around to the idea of open carry, not just in restaurants, but as their normal mode of carry.

The only way the public willlearn not to fear guns is for them to regularlysee firearms being safely carried by good citizens. Keep up the good work of educating the public.
 

UTOC-45-44

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Morgan, Utah, USA
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mattjohnston87 wrote:
Dutch Uncle wrote:
Try to round up a handful of likeminded folks in your area who are decent and reasonable. Then start having dinners together at local restaurants while open carrying. You might expect some hassles at first, but as long as you are cool, the locals (citizens and cops) will come around.

The rights you speak of don't stay around forever in today's politcal climate if they remain unused.

I know we can't CC anywhere alcohol is served (almost every restaurant, unless of the fast food persuasion). Can't immediately find if that applies to OC as well. Now I just need to find more OC people around here.

Matt


how about the answers from this thread???...tha Bobv got from Assistant Attorney General

http://opencarry.mywowbb.com/forum34/1720.html




From: Sprigg, Sheri
Sent: Tuesday, June 12, 2007 1:31 PM
To: Contact DOJ
Subject: RE: Carrying of pistol where alcohol is served?


[size=]

Verbal notification by an employee is sufficient. The establishments are private property, and patrons must comply with the proprietor’s request.



Sheri Sprigg, Assistant Attorney General


To me it says CCW til they know you do and can tell you to leave. To me...,if you can CCW you can also OC.

Where are the specific code in the Montana Gun Laws for NO GUN in alcohol serving establishments?
 

UTOC-45-44

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45-8-328. Carrying concealed weapon in prohibited place -- penalty. (1) A person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in:
(a) portions of a building used for state or local government offices and related areas in the building that have been restricted;
(b) a bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours. It is not an offense under this section to carry a concealed weapon while:
(i) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or
(ii) at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services.
(c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.
(2) It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500



============================================================

"It is not an offense under this section to carry a concealed weapon while:"

What does this mean ???
 

IanB

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I might suggest an Open Carry event (like a picnic) somewhere in a public place that's sure to not get you in trouble (such as within 1000 feet of a school). Bring video cameras with you to record any police interaction that may occur. Invite the press, print, radio and TV to attend. Be prepared to conduct interviews and explain who you are, what you are doing, and why. Mentally prepare for "gotcha" questions and think before you speak.

As for the police, keep things friendly, don't be a jerk, and carry the code in your back pocket.
 

joeroket

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Everett, Washington, USA
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UTOC-45-44 wrote:
45-8-328. Carrying concealed weapon in prohibited place -- penalty. (1) A person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in:
(a) portions of a building used for state or local government offices and related areas in the building that have been restricted;
(b) a bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours. It is not an offense under this section to carry a concealed weapon while:
(i) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or
(ii) at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services.
(c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.
(2) It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500



============================================================

"It is not an offense under this section to carry a concealed weapon while:"

What does this mean ???
It says that it is OK to carry at a banks ATM, drive-up window, or night deposit that does not need the assistance of a bank employee to deposit intoand at a remote branch as long as you are not entering it where financial transactions are done or using it to do transactions.
 

BobR

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Jun 12, 2007
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West Plains, ,
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I know we can't CC anywhere alcohol is served (almost every restaurant, unless of the fast food persuasion). Can't immediately find if that applies to OC as well. Now I just need to find more OC people around here.



After my email exchange with the Attorney Generals office I have figured out that OC in restaurants, or other establishments that serve alcohol OK. That is until any employee there asks you to leave or not wear your gun there.

As you know, CC in any establishment that serves alcohol is against the law.


If I ever come down to Billings, unlikely but it could happen, I will get in touch beforehand and we can plan a lunch or dinner.

bob
 

mattjohnston87

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Sep 25, 2006
Messages
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Location
Billings, Montana, USA
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BobR wrote:
I know we can't CC anywhere alcohol is served (almost every restaurant, unless of the fast food persuasion). Can't immediately find if that applies to OC as well. Now I just need to find more OC people around here.



After my email exchange with the Attorney Generals office I have figured out that OC in restaurants, or other establishments that serve alcohol OK. That is until any employee there asks you to leave or not wear your gun there.

As you know, CC in any establishment that serves alcohol is against the law.


If I ever come down to Billings, unlikely but it could happen, I will get in touch beforehand and we can plan a lunch or dinner.

bob


Sounds good Bob. Just let me know ahead of time.
 

BB62

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Cincinnati, Ohio, USA
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mattjohnston87 wrote:
...I never mentioned anything about long guns in my email to him, don't know why he brought it up.
You DID bring it up, by reference: "...whether it be a handgun or other weapon" (my emphasis)
 
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