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Thread: Montana House Gives Preliminary Nod to Gun-Rights Bill

  1. #1
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    http://www.newwest.net/topic/article..._bill/C37/L37/

    By Courtney Lowery, 2-09-09


    The Montana House of Representatives voted 58-42 Monday in favor of a bill that would, among other things, expand self-defense protections and allow people to carry concealed weapons without a permit in Montana’s cities.

    House Bill 228, sponsored by Krayton Kerns, R-Laurel, would also allow people to brandish a gun to stave off an attack, make it legal for a private person to use “reasonable force” to arrest another person and it would shift the burden of proof in self-defense cases to the state.

    The bill will now go on to third reading in the House and if it passes there, it will move on to the Senate.

    The full bill is here. http://data.opi.mt.gov/bills/2009/BillHtml/HB0228.htm

    Several Democrats spoke up against the bill, saying it would put undue burden on law enforcement officials in the state.

    “If we do this, we are putting our best and our brightest in the way of harm,” Rep. Margaret MacDonald, D-Billings said.

    “This bill is wrong, we don’t need it and we ought not inflict this bill on our entire law enforcement community, which is saying ‘no,’” said Rep. Brady Wiseman, R-Bozeman, who also reminded the House that a similar bill in the 2007 session, was so controversial it drew death threats to lawmakers.

    Two amendments were introduced on the floor Tuesday, one by Kendall Van Dyk, which would have stricken the entire section on concealed weapons. But, that amendment failed.

    An amendment from Kerns did pass, however. That amendment inserted language in the section of the bill that covered brandishing to protect “the safety of our police officers,” he said. Under the new section, it would continue to be illegal to show a gun in defense if the person were “negligently or purposefully threatening a peace officer with a firearm; displaying a firearm during the commission of a forcible felony; or displaying a firearm as part of a pattern of criminal street gang activity as defined in 45-8-405”

    In advocating for his bill, Kerns said a main point of the bill a person’s right to defend him or herself—and that’s a right that should not be confined to the home.

    “The right to self-defense is personal, it travels with you wherever you may be,” he said.

    As originally drafted, the bill would have allowed guns in the workplace, but that section was removed before the bill hit the House floor.

    The bill does, however, make sure the rights of renters and homeowners alike are protected—something that Deb Kottel, D-Great Falls, cited as one of the reasons that she was one of the Democrats to cross the aisle and support the bill.



  2. #2
    Regular Member 40s-and-wfan's Avatar
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    Hopefully it will continue to have this same success in the future and will make it through all channels it comes across. I'm higly optimistic!
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    Do we have the list of the 42 that didn't vote for it?

    -CZ

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    You can reach the state pages thru the first news link at the top.

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    Thanks.

    I noticed that a lot of the No votes were women. Interesting... I wonder how I could twist that if I were a news person..

    -CZ

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    Regular Member 40s-and-wfan's Avatar
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    There's definitely a way it could be twisted, but no-one's gonna do it. Apparently it's not news-worthy to the media!


    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    We received a letter from only ONE person and that woman was against it = NO.

    If I knew how to computer scan, put it up here, her letter to us... I would put it up for you here.

    Her reply to us (Two letters - we both called and wrote.) was a big JOKE in my not so humble opinion.

    QUOTE:

    Dear Catherine,

    Thank you for contacting me with your support of HB228 - Citizen Self Defense and Firearms Rights.

    I believe we should clarify the "Castle Doctrine" in law, but I support HB36. HB 228 is too dangerous to law officers and places of congregation for law abiding citizens.

    Arlene (Signed.)

    Representative Arlene Becker
    HD 52
    AB/kca

    UNQUOTE

    I said some things in the privacy of my home which I can't put up here about this letter!

    Catherine





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    Regular Member 40s-and-wfan's Avatar
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    The good thing about her reply is it doesn't matter! She got opposed in the House three times, now we just need to keep praying that the same thing happens when it comes to vote in the Senate!
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    Very true!

    Catherine


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    Regular Member 40s-and-wfan's Avatar
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    They don't even have a schedule as to when it's gonna be heard in the Senate yet! There's no word on when it'll happen yet!
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    Is there any feel for how the Montana Senate is going to vote on this bill? I don't have any sense on the political situation in our Senate.

    - Paul

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    Regular Member 40s-and-wfan's Avatar
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    I'm not too sure, it could go either way. I'm trying to be optimistic about the whole thing though. That and the HB-246 as well. Read the post on that in the Montana thread. Like I said, I love this state!!

    JB might have a thought on what way he feels it might go, I don't know the voting history of the majority of the Senate members. I should pay more attention to that!!
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    Im very excited about this bill and I dont even live in MT! It is just nice to see more states pass Constitutional Carry and spread freedom. It passed the House with a pretty healthy margin, so that gives me hope that if the senators are anything like their counter parts the bill will pass.

    But I do not live in MT so I dont know how gun friendly the senate is. If someone can fill us in that would be great. Also, how pro 2A is the governor?

    BTW, Arizona has a constitutional carry bill. SB 1270. It looks like it will pass the senate easily considering it has 22 co-sponcers in a 30 member chamber. And from what I hear, the new gov will sign it.

    But if someone could keep us posted with the senate that would be great...

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    Regular Member MT GUNNY's Avatar
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    I wrote Margret McD this about her Comment;



    Give Me One Coherent Reason how a Cop will be in danger if I am Protecting Myselfagainst a Mugger?

    this is her reply

    In reply, I would simply ask you to read the bill and then listen on-line to the audio of the hearing on this bill in Judiciary Committee.



    Your sincerely,


    Rep. Margie MacDonald







  15. #15
    Regular Member 40s-and-wfan's Avatar
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    Pretty evasive.
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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