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Thread: Montana Governor says University Bans on Concealed Carry Conflict with State Law.

  1. #1
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    http://www.missoulian.com/articles/2...bnews/br34.txt

    Sounds like a win for campus carry. Perhaps open carry on campus could be next?

  2. #2
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    This is great news. I hope he asks the Montana Legislature to repeal Mont. Code § 45-8-328, which provides:

    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, or both.

    Maybe he could also get the bank, bar,and restaurant concealed carry bans dropped as well (concealed carry while under the influence is already prohibited by Mont. Code § 45-8-327). Also, why not exempt permit holders from the school building carry ban, Mont. Code § 45-8-361?
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  3. #3
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    Our Universities here are gonna find out that State Premeption means that they can not set the rules, the State of Montana trumps they're desired change. Which means you can OC and CC and tell them to shove it.

  4. #4
    Moderator / Administrator Grapeshot's Avatar
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    Sounds good but Governor's "opinion" does not a law make. Now an Atorney's General opinion is another matter. What say the statutes specifically?

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
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    It's been a couple of weeks.... Any updates on this?
    Why open carry? Because 1911 > 911.

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