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Thread: Preemption

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    Regular Member VAopencarry's Avatar
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    Can local jurisdictions make their own laws regarding OC and CC? I haven't been able to figure out what they can and cannot do.

    I was looking around the MCA and didn't see anything that would restrict where you can OC. Is this true?
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    VAopencarry wrote:
    Can local jurisdictions make their own laws regarding OC and CC? I haven't been able to figure out what they can and cannot do.

    I was looking around the MCA and didn't see anything that would restrict where you can OC. Is this true?
    No The Petroleumcounty commissioners tried this in Winnett, but State Pre-emption prevents any City, Town or County from over writing any laws against what is already on the books under the MCA.

    I do not believe there is any restriction to OC under Montana law.

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    Regular Member VAopencarry's Avatar
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    So places that are off limits in the MCA are the only places off limits? Isn't there something about localities not allowing cc/oc? in parks or something? Maybe I was just reading some bad info or not interpreting it right.

    Regarding'off limits' places. I see the MCA, like Virginia Code, is worded as no 'concealed' firearms. Is it generally understood that you can OC in these places, like a place that serves alcohol? thanks
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    Regular Member VAopencarry's Avatar
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    technical difficulties
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    Regular Member MT GUNNY's Avatar
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    45-8-351. Restriction on local government regulation of firearms. (1) Except as provided in subsection (2), no county, city, town, consolidated local government, or other local government unit may 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 herein shall allow any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others, nor shall anything contained herein prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.

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    Regular Member MT GUNNY's Avatar
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    In other Words a city or town can; prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school,

    To Find out If this has been done in you Community, you have to look at City Ordinances. I looked at Flathead valleys Ordinances and didn't find any. Of coarse the Records I was able to see only went back 4 years.

    This Is Highly Unlikely in MT.

    To be Honest, this law Negates itself. Defiantly Politician wording.


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    Good search there Lucas. I have been to gatherings at Depot Park and Woodland Park which are both under the City of Kalispell jerisdiction. I carry concealed in those parks when there. I still have a habit like when I did as an LEO that when in public I keep my strong side elbow up tight against the grip, when I am wearing on the strong belt side.

    You have to admit that most holsters for OC do not have the threat level appropriate to prevent snatch and grab, like LEO holsters do now. Just be careful out there no matter where you go.

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    Regular Member 40s-and-wfan's Avatar
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    VAopencarry wrote:
    Regarding'off limits' places. I see the MCA, like Virginia Code, is worded as no 'concealed' firearms. Is it generally understood that you can OC in these places, like a place that serves alcohol? thanks
    In the words of Mr44Magnum: "NO"

    Montana is pretty vague regarding Open Carry but it is restricted in the same places that Concealed Carry is restricted! You cannot carry openly in a government building, school, bank, bar or any other place that's restricted for concealment!
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    Regular Member VAopencarry's Avatar
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    Thanks for the replies.

    I still cannot find anything that prevents OC in the places that CC is restricted.

    MCA 45-8-328 ...." (1) A person commits the offense of carrying a concealedweapon in a prohibited place".......

    So what statute would make OC illegal?
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    Without pressing issues, I apply my carrying restrictions to that of where I cannot carry concealed under the law. When in doubt - don't, to me it's just a matter of common sense.

    In other words, if I am carrying I don't go to places that restrict my carry open or concealed. But if, I have to go to the Flathead CountyJustice Center here in Kalispell which is a No Weapons building, Ionly go if I have to, and say away all other times. The same thing applies to any county, stateor federally owned offices or buildings.

  11. #11
    Regular Member MT GUNNY's Avatar
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    Posted By BobR in another Thread on this Forum: http://opencarry.mywowbb.com/forum34/1720.html



    Hi all,

    I am a Montana resident and am not very happy about the carrying concealed where alcohol is served prohibition. I don't drink, but I do eat, and many restaurants serve alcohol. I cannot legally carry concealed into those places. So, I sent this off to the Attorney General's office.

    Hello,

    I understand the law as it applies to concealed carry of a firearm where alcohol is served.

    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:

    (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.

    That is pretty straight forward and simple to understand.

    My question concerns the open carry of a firearm. If I want to carry my firearm with me into a restaurant that serves alcohol can I wear it open and be in compliance with the current law? I would much rather have my pistol with me than take the chance of it being stolen while I am dining.

    I have not been able to find anything that addresses this particular question.

    Thank you for your time with this matter.

    Bob
    And within a couple of days, I received this back:

    Mr. XXXX, There is nothing in Montana law that prohibits the open carry of a weapon into an establishment that serves alcohol. However, most such establishments will not permit any weapons to be brought in. They have the right to prohibit all weapons on their premises, and most do. Sheri Sprigg, Assistant Attorney General
    Now I just need to find out if the restaurants I frequent will have an objection. If they do you can bet they have seen the last of me.


    bob


    ETA: In response to my question whether or not it had to be posted or is verbal notification was sufficient I got this reply back:



    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



    So, there is the answer.


    bob



  12. #12
    Regular Member MT GUNNY's Avatar
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    Here is a something for you all.

    My Fatherlives up in the Yak, there is a bar there (two actually) but the one Imtalking about has a Sign Posted : "All Firearms must be turned in to the Bartender until you Leave" I haven't Had the Opportunity yet to test the Sign, but the Day is coming.

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    Regular Member VAopencarry's Avatar
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    Excellent! Lucas, That's what I was trying to confirm.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

  14. #14
    Regular Member MT GUNNY's Avatar
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    Hard to Do now that HB228 is Law

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    MT GUNNY wrote:
    Here is a something for you all.

    My Fatherlives up in the Yak, there is a bar there (two actually) but the one Imtalking about has a Sign Posted : "All Firearms must be turned in to the Bartender until you Leave" I haven't Had the Opportunity yet to test the Sign, but the Day is coming.
    That signage probably pre-dates us back when it was called a Saloon :what:

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