N605TW
Activist Member
I am having a hard time finding the preemption law/code for Montana. I live in Helena and city code 5-1-32 states
I am trying to find the state law in the MCA that says the city code is preempted. I carry everyday and I do not have a permit to carry any concealed weapon. Although I haven't had any problems or even a second look from law enforcement I do not want to break the law. Does anyone know where the preemption law is?
You can read the full Helena City Code at http://www.sterlingcodifiers.com/codebook/getBookData.php?section_id=120173&keywords=firearm
A. Prohibition: It shall be unlawful, and a misdemeanor, for any person, other than a peace officer in the discharge of his duties, or a citizen in the protection of his life or that of his family or his property, or any person authorized by law: (Ord. 2719, 9-26-1994)
1. To carry on or about his person, in any place open to the public, any loaded or concealed firearm, rifle, airgun or pistol within the limits of this city, or to shoot any airgun, rifle, pistol, sling shot or bow and arrow within the limits of this city, except in those areas designated as indoor or outdoor rifle, pistol, shotgun or archery ranges as designated and approved by the city manager. (Ord. 2742, 6-5-1995)
2. To possess any firearm, airgun or pistol at a public assembly, in a city park, school, or in any publicly owned building, with the specific exceptions of:
a. Legitimate displays of unloaded firearms at shows or other public occasions by collectors and others; and
b. Persons participating in hunter or gun safety classes sanctioned by the department of fish, wildlife and parks and authorized by the city or school. (Ord. 2447, 7-27-1987)
B. Exceptions: Nothing in this chapter shall apply to a person in actual service in the military of the United States or the state, as a law enforcement officer or person summoned to his aid, nor to a revenue or other civil officer engaged in the discharge of his official duties, nor carrying of arms in one's premises or place of business, or where a concealed weapons permit has been granted to bear, concealed or otherwise, a pistol or revolver during the time of such permission. (Ord. 2670, 4-26-1993; amd. Ord. 2742, 6-5-1995)
C. Concealed Weapons: Any person carrying a concealed weapon pursuant to a valid concealed weapons permit, upon being stopped by a law enforcement officer while in possession of said weapon, must immediately advise said law enforcement officer of the location and type of weapon and show a valid permit for carrying the same. (Ord. 2626, 1-27-1992)
I am trying to find the state law in the MCA that says the city code is preempted. I carry everyday and I do not have a permit to carry any concealed weapon. Although I haven't had any problems or even a second look from law enforcement I do not want to break the law. Does anyone know where the preemption law is?
You can read the full Helena City Code at http://www.sterlingcodifiers.com/codebook/getBookData.php?section_id=120173&keywords=firearm