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Thread: Montana has nullifed the Federal Gun Free School Zone law

  1. #1
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    Montana has nullifed the Federal Gun Free School Zone law

    I was reading the Montana Shooting Sports Association success stories when I found that they had successfully nullifed the federal Gun Free School Zone (GFSZ) law in Montana! I was much impressed with the MSSA success. Gary Marbut deserves great praise! Here is the law and a link:


    45-8-360. Establishment of individual licensure. In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Montana constitution is considered to be individually licensed and verified by the state of Montana within the meaning of the provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act.

    History: En. Sec. 1, Ch. 317, L. 1995; amd. Sec. 1, Ch. 29, L. 1997.

    http://data.opi.mt.gov/bills/mca/45/8/45-8-360.htm

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    Montana stands up to Uncle Sam..., and so too should the rest of the States!

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    Regular Member Thundar's Avatar
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    Yay for Montana, but seems redundant. SCOTUS already ruled the GFSZA was unconstitutional.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

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    US v Lopez ruled the first GFSZ law Unconstitutional. Congress then passed another

    Quote Originally Posted by Thundar View Post
    Yay for Montana, but seems redundant. SCOTUS already ruled the GFSZA was unconstitutional.
    The Supreme Court ruled the first GFSZ law unconstitutional, then Congress (pushed very hard by President Clinton) passed another GFSZ law. That law is still in effect.

  5. #5
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    a declaration like that would sure be nice for us in wisconsin. congrats to you out in montana!

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    Quote Originally Posted by ccwinstructor View Post
    The Supreme Court ruled the first GFSZ law unconstitutional, then Congress (pushed very hard by President Clinton) passed another GFSZ law. That law is still in effect.
    Can you provide a link or some more info please?

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    Regular Member MT GUNNY's Avatar
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    Quote Originally Posted by Thundar View Post
    Yay for Montana, but seems redundant. SCOTUS already ruled the GFSZA was unconstitutional.
    Arizona's new immigration law, Is redundant to the constitution and federal law, yet AZ still had to pass it. Its seems these days that the states have to make there own laws cuz the fed is not doing there job.

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    GFSZ still in effect

    Quote Originally Posted by carracer View Post
    Can you provide a link or some more info please?
    Here is a link to the discussion on opencarry.org

    http://forum.opencarry.org/forums/sh...till-in-Effect

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    Regular Member bwarren917's Avatar
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    So… I'm really confused….. Is it illegal, or not, in MT to OC within 1000' of a School Zone?

    Thanks.

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    Regular Member bwarren917's Avatar
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    Thanks NavyLCDR.

    So I can OC within the 1000' perimeter of a school zone with a CWP? That's what I'm reading, but I just want to be sure.


    Thanks.

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    Regular Member bwarren917's Avatar
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    Perfect. Thanks a lot for all your help. I won't shoot anybody in a school zone, and hope to never have to defend myself anywhere. (lol?) I just want to be sure I am in the clear as far as traveling through those areas.

    Thanks again!
    Last edited by bwarren917; 01-25-2015 at 05:12 PM.

  12. #12
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by bwarren917 View Post
    Perfect. Thanks a lot for all your help. I won't shoot anybody in a school zone, and hope to never have to defend myself anywhere. (lol?) I just want to be sure I am in the clear as far as traveling through those areas.

    Thanks again!
    http://www.opencarry.org/?page_id=267

    K-12 Carry
    Buildings: No – A person commits the offense of possession of a weapon in a school building if the person purposely and knowingly possesses, carries, or stores a weapon in a school building. MCA 45-8-361
    Grounds: Dependent on local municipal laws. MCA 45-8-351 (2)(a)
    Federal Gun-Free School Zone Exemption: MCA 45-8-360 – Does not apply to individuals lawfully able to own or to possess a firearm under Montana constitution

    I have carried on school grounds without issue in MT.
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

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    Regular Member bwarren917's Avatar
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    Quote Originally Posted by slapmonkay View Post
    http://www.opencarry.org/?page_id=267

    K-12 Carry
    Buildings: No – A person commits the offense of possession of a weapon in a school building if the person purposely and knowingly possesses, carries, or stores a weapon in a school building. MCA 45-8-361
    Grounds: Dependent on local municipal laws. MCA 45-8-351 (2)(a)
    Federal Gun-Free School Zone Exemption: MCA 45-8-360 – Does not apply to individuals lawfully able to own or to possess a firearm under Montana constitution

    I have carried on school grounds without issue in MT.

    Wow, interesting. Even open carried? I moved to Billings from San Diego, CA - so this is a whole new world to me. I'm still trying to adjust to the amazing freedoms here. Sorry if some of my questions sound dumb. lol

  14. #14
    Campaign Veteran slapmonkay's Avatar
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    Openly carried firearms are less restricted in MT than concealed firearms. You will find that if you open carry you will not find many restrictions at the state level.
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

  15. #15
    Regular Member bwarren917's Avatar
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    Yea, I'm slowly getting my arms around that. lol Thanks for that information!

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