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Thread: HB 228 (Castel Doctrine)

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    Regular Member MT GUNNY's Avatar
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    It is late I know but as soon as you get this Call these Reps and let them Know that Several states have adopted this stuf also this is Good for Montanans

    Here is a link from the NRA Website it has all the Info needed for who to Email and Phone #s I sujest you Call since they will vote on this on the 22nd.



    http://www.nraila.org/Legislation/Read.aspx?ID=4313









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    Regular Member MT GUNNY's Avatar
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    Democrats, law enforcement groups line up behind ‘castle doctrine’ bills[/b]

    By DANIEL PERSON Chronicle Staff Writer

    HELENA n Two bills put before lawmakers Thursday would put on the books a widely recognized right to use a gun on home intruders posing a serious threat, but one Republican says the Legislature needs to go farther in protecting Montanans’ Second Amendment rights.


    Sen. Larry Jent, D-Bozeman, and Rep. Kendall Van Dyk, D-Billings, presented their bills in Senate and House hearings Thursday morning with the backing of law-enforcement officials and prosecutors from across the state.

    The identical bills would enshrine the so-called “Castle Doctrine,” a common-law concept that holds a person can use deadly force in their own home if someone poses a serious threat to them.

    Those testifying at Thursday’s hearings said county prosecutors in Montana already recognize the Castle Doctrine and that the law should reflect that.

    “All the fancy stuff in the law books doesn’t work too well when the state you’re in doesn’t have a law on the books,” Jent told the Senate Judiciary Committee.

    The bill “conforms Montana law to what most Montanans think Montana law is,” Hal Harper, Gov. Brian Schweitzer’s chief policy advisor, said at the House Judiciary Committee meeting.

    Harper put it another way when he testified before the Senate committee.

    He said of homeowners reacting to intruders intending them harm: “Sure, you can go into the bathroom or the closet or run. You won’t find that as a practice in this state.”

    Gallatin County Sheriff Jim Cashell told both panels that his office used the Castle Doctrine in the 2008 trial of Christopher Wagner, who was convicted last spring of attempted homicide following a shootout with Michael Peters, of Gallatin County.

    Although Peters shot first, Cashell told lawmakers his action was considered a justified use of force. That is the kind of self defense that Van Dyk and Jent seek to protect, Cashell said.

    In fact, all those testifying in favor of the bills said the new laws would not change how they go about investigating or prosecuting shootings.

    “In the 34 years I’ve been in this business, I can’t think of any instance of someone being unjustly prosecuted” for defending their home, Cashell said.

    But that possibility, said Rep. Krayton Kerns, R-Laurel, is exactly the problem.

    “It’s a very specific, very small bill,” he said after the House hearing.

    Kerns is putting forward another bill that he said would put the Castle Doctrine on the books, plus expand other gun rights for Montanans.

    His bill, which has not yet been scheduled for a hearing, is nine new sections worth of gun rights, and closely mirrors a bill carried in a previous session by former-Rep. Jack Wells, R-Bozeman.

    Among other things, Kerns’ bill would bar employers from prohibiting workers from bringing guns to work.

    Wells’ bill was strongly resisted by law-enforcement groups in the state, and Kerns said he does not expect those groups to be allies of his bill.

    “Do I look at them to be advocates? No I don’t,” he said.

    No action was taken on either bill.

    Daniel Person can be reached at dperson@dailychronicle.com.



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    Regular Member LeMat's Avatar
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    Looks like it passed!
    "Never belittle someone for carrying a small firearm. Commend them for carrying a firearm."
    -OpenCarry.org member MAC702

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    Regular Member MT GUNNY's Avatar
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    http://www.nraila.org/News/Read/InTheNews.aspx?ID=12423



    Montana Expands Self-Defense Rights for Law-Abiding Citizens





    Fairfax, Va. – National Rifle Association-backed legislation has been signed into law that enhances the right of self-defense for law-abiding Montanans. House Bill 228 was passed out of the House with a vote of 85-14 and the Senate 40-10.

    "The overriding principle embodied in House Bill 228 is that self-defense is a fundamental right and this new law will reinforce that right," said Chris W. Cox, NRA’s chief lobbyist. “Law-abiding citizens should be afforded every opportunity to defend themselves and their loved ones and they should not be treated like criminals if they choose to exercise this important right."

    House Bill 228 is a broad piece of legislation that provides a number of specific protections for law-abiding citizens. This new law clarifies the ability of law-abiding citizens to carry a firearm in plain view and to present the firearm for defensive purposes when threatened. Additionally, the law puts clearly into statute existing Montana case law providing that, when threatened, a law-abiding citizen has no duty to retreat if the person is in any place he or she has a legal right to be. Other provisions include expanding existing law to allow the use of force in defense of an occupied structure and preventing landlords and hotel operators from restricting self-defense rights.

    “A second fundamental principal reflected in the language of House Bill 228 is the concept that a person is innocent until proven guilty,” added Cox.

    HB 228 is a victims rights measure that further places the burden of the judicial system on the criminal. Any individual who acts in self-defense, and is able to prove that he or she acted in self-defense, will now be able to shift the burden of proving the absence of justification to the prosecution.

    “This bill received overwhelming bipartisan support and NRA would like to thank Governor Schweitzer for signing the bill. Also to be commended are the efforts of lead sponsors, State Representative Krayton Kerns (R-58) and State Representative Deborah Kottel (D-20), for their continued support of the Second Amendment. The Montana Shooting Sports Association and Gary Marbut also played an instrumental role in this effort,” concluded Cox.

    -NRA-

    Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.




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    Regular Member MT GUNNY's Avatar
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    I am so glad this was signed. I must have sent out600 emails to 150 different State reps at different times throughout the Legislation.:celebrate:celebrate:celebrate:celebra te:celebrate:celebrate:celebrate:celebrate:celebra te:celebrate:celebrate:celebrate:celebrate:celebra te:celebrate:celebrate:celebrate:celebrate:celebra te:celebrate:celebrate:celebrate

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    Suzanna Gratia Hupp, Representative – State of Texas

    "How a politician stands on the Second Amendment tells you how he or she views you as an individual... as a trustworthy and productive citizen, or as part of an unruly crowd that needs to be lorded over, controlled, supervised, and taken care of."

    I say this also applies to your neighbors, mayors, govt lawyers, sheriffs, any peace officers, judges, city police, and anyone else that does not fully 100% support the Second Amendment.


    +++++++++++

    May the other 49 States including Wyoming, Idaho, Utah, Texas, Oklahoma, Arkansas, and Louisiana, quickly follow in the true American Patriot foot steps of the State of MONTANA.


    +++++++++++

    Outstanding ! Montana - Congratulations to all both in Montana and out of Montana that actively supported the passage of this Bill to become Montana Law.

    +++++++++++

    Montana House Bill 228 - Right to Self Defense and Right to Bear Arms

    http://data.opi.mt.gov/bills/2009/BillPdf/HB0228.pdf
    Montana House Bill 228 (8 pages)

    ----- Original Message -----
    From: Gary Marbut-MSSA
    To: mssa@mtssa.org
    Sent: Tuesday, April 28, 2009 1:34 PM
    Subject: OK, break out the champagne

    Dear MSSA Friends,

    It's confirmed. The Governor signed HB 228, our Self Defense bill, this morning. The fat lady has sung, and it's time to celebrate.

    There are a lot of people to thank for the passage of HB 228.

    First, thanks to all of YOU for your staunch support. Thanks for traveling to Helena to testify, and thanks for the avalanche of messages to committee members and other legislators. Legislators report that they received more messages in support of HB 228 than for ANY other bill, ever. YOU made a difference!!

    Second, thanks to sponsor Rep. Krayton Kerns (R-Billings) for doing a great job of carrying the bill. He invested a LOT of effort in HB 228.

    Third, thanks to the NRA for (finally) supporting this landmark legislation. The NRA was fully onboard and fully engaged this session, especially the NRA State Liaison for Montana, Brian Judy who has long been a friend to Montana gun owners, even when the NRA in D.C. was hanging back.

    Fourth, thanks to Rep. Deb Kottel (D-Great Falls) for her heroic support of HB 228, in both the House and Senate. Deb's support made a LOT of difference and showed some other Democrats that HB 228 was NOT a partisan, party-line issue, but a "people" issue.

    Fifth, thanks to all those other legislators who enthusiastically supported HB 228 and never wavered on the principles involved.

    Sixth, thanks to those brave law enforcement professionals who bucked the current and came out publicly in favor of HB 228

    Finally, thanks to Governor Schweitzer for signing HB 228, both for doing what he promised in MSSA's Candidate Questionnaire, AND for being a true Montanan by supporting HB 228.

    It wouldn't be amiss for every one on this list to send a one-line email to Rep. Kerns and Rep. Kottel thanking them for their valiant support of HB 228.
    "Krayton Kerns" <drkerns@rbbmt.org>
    "Deborah J. Kottel" <Debk@cccsmt.org>

    Put "Thanks for HB 228" in the Subject line.

    BTW, thumbs down for the few law enforcement administrators and prosecutors who are so afraid of armed citizens that they lied and claimed end-of-life-on-Earth in opposing HB 228. You need to work locally to replace these people. They just don't have a Montana attitude.

    Whew!! I think it's time now to go burn some powder (if there's any available).

    Gary Marbut, president
    Montana Shooting Sports Association
    Montana Shooting Sports Association
    author, Gun Laws of Montana
    Gun Laws of Montana

    "How a politician stands on the Second Amendment tells you how he or she views you as an individual... as a trustworthy and productive citizen, or as part of an unruly crowd that needs to be lorded over, controlled, supervised, and taken care of." -- State of Texas Representative Suzanna Gratia Hupp

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