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Thread: VETOED: Concealed carry would have been legal on July 1st, 2011 in Montana

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    VETOED: Concealed carry would have been legal on July 1st, 2011 in Montana

    It appears to me that HB271 has passed into law and will become effective on July 1st.

    CELEBRATE !!!

    http://data.opi.mt.gov/bills/2011/billhtml/HB0271.htm

    The current text of the bill reads:

    HOUSE BILL NO. 271

    INTRODUCED BY K. KERNS, HINKLE, HARRIS, VANCE, MILLER, HOWARD, RANDALL, INGRAHAM, WAGNER, WITTICH, YATES, KENNEDY, HALE, SKEES, FLYNN, HENDRICK, BLYTON, BLASDEL, TAYLOR, C. SMITH, REGIER, WARBURTON, G. BENNETT, HANSEN, LONEY, READ, MCGILLVRAY, KNOX, O'NEIL, GREEF, BRODEHL, MCNIVEN, SALOMON, K. PETERSON, SKATTUM, C. VINCENT

    AN ACT REVISING THE LAW RELATED TO THE OFFENSE OF CARRYING A CONCEALED WEAPON; PROVIDING THAT THE LAW DOES NOT APPLY TO A PERSON WHO IS ELIGIBLE TO POSSESS A HANDGUN UNDER STATE OR FEDERAL LAW; AND AMENDING SECTION 45-8-317, MCA.

    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

    Section 1. Section 45-8-317, MCA, is amended to read:

    "45-8-317. Exceptions. (1) Section 45-8-316 does not apply to:

    (a) any peace officer of the state of Montana or of another state who has the power to make arrests;

    (b) any officer of the United States government authorized to carry a concealed weapon;

    (c) a person in actual service as a member of the national guard;

    (d) a person summoned to the aid of any of the persons named in subsections (1)(a) through (1)(c);

    (e) a civil officer or the officer's deputy engaged in the discharge of official business;

    (f) a probation and parole officer authorized to carry a firearm under 46-23-1002;

    (g) a person eligible to possess a handgun under state or federal law, a person issued a permit under 45-8-321, or or a person with a permit recognized under 45-8-329;

    (h) an agent of the department of justice or a criminal investigator in a county attorney's office;

    (i) a person who is outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp or who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection; or

    (j) the carrying of arms on one's own premises or at one's home or place of business.

    (2) With regard to a person issued a permit under 45-8-321, the provisions of 45-8-328 do not apply to this section."
    Last edited by Augustin; 05-02-2011 at 04:09 PM. Reason: didn't copy and paste with dedacted print

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    Doesn't it have to be signed by the governor?
    "If you don't want to be shorn, don't be sheep!"

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    Regular Member MT GUNNY's Avatar
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    It is not signed as of yet, I will let you all know on this Thread http://forum.opencarry.org/forums/sh...MT-Legislation
    Like I have been!
    Last edited by MT GUNNY; 05-10-2011 at 08:42 PM.

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    Quote Originally Posted by therealcombat View Post
    Doesn't it have to be signed by the governor?
    No.

    Governor Brian Schweitzer does NOT have to sign the bill for it to pass into law.

    His choices were: (1) sign the bill as it appeared on his desk with 10 days, (2) NOT sign the bill which will mean that it will become law anyway without his signature, or (3) he could have made amendatory changes and sent it back to the House and Senate.

    So as it stands right now, the bill will become law (effective on July 1st) with or without the Gov's signature.
    Last edited by Augustin; 05-03-2011 at 06:20 PM. Reason: typo correction

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    Congratulations guys, 5 states and counting!

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    This bill dose nothing to change the status of carrying a concealed weapon in the state of Montana, the bill in its original means was to remove any type of permit to carry a concealed weapon in Montana.
    Montana has always had the right to carry concealed weapons out side of towns, cities. The aim of this bill was to make it where you could carry concealed within a town or city without having to have a concealed weapons permit.
    Montana has also had an open carry law in place, where anyone over the age of 14 can have a weapon displayed in open sight.

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    Quote Originally Posted by Morel View Post
    This bill dose nothing to change the status of carrying a concealed weapon in the state of Montana, the bill in its original means was to remove any type of permit to carry a concealed weapon in Montana.
    Montana has always had the right to carry concealed weapons out side of towns, cities. The aim of this bill was to make it where you could carry concealed within a town or city without having to have a concealed weapons permit.
    Montana has also had an open carry law in place, where anyone over the age of 14 can have a weapon displayed in open sight.
    Yes, Montana allows, more or less, the legal carrying concealed weapons outside of towns and cities without a permit. And yes, with some exceptions, open carry is also legal (both in town and out). However, you are incorrect that "This bill dose nothing to change the status of carrying a concealed weapon in the state of Montana,..."

    What HB 271 now does is exempt "(g) a person eligible to possess a handgun under state or federal law," from Section 45-8-316 of the Montana Codes Annotated.

    In other words, in addition to:

    (a) any peace officer of the state of Montana or of another state who has the power to make arrests;
    (b) any officer of the United States government authorized to carry a concealed weapon;
    (c) a person in actual service as a member of the national guard;
    (d) a person summoned to the aid of any of the persons named in subsections (1)(a) through (1)(c);
    (e) a civil officer or the officer's deputy engaged in the discharge of official business;
    (f) a probation and parole officer authorized to carry a firearm under 46-23-1002;
    (g) a person issued a permit under 45-8-321, or or a person with a permit recognized under 45-8-329;
    (h) an agent of the department of justice or a criminal investigator in a county attorney's office;
    (i) a person who is outside the official boundaries of a city or town or the confines of a logging, lumbering, mining, or railroad camp or who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection; or
    (j) the carrying of arms on one's own premises or at one's home or place of business.

    anyone who is 18 years opf age and is not a Prohibited Possessor under state or federal law can conceal carry imside city limits without a lermit.

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    Regular Member 40s-and-wfan's Avatar
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    I gotta say that I'm actually excited about this fact now! I've been watching for quite a while to see updates on it but the state's Legislature doesn't update their information that often. It's about time I come across something that actually shows what I've been looking for. I'm glad this is going into effect. It's been a number of years in the works but is well needed.
    I remember when Rep. Kerns tried back in 2009 but unfortunately didn't succeed. Now he has! Congratulations to Montana and thank you Rep. Krayton Kerns for your persistence in seeing this through to fruition!

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    Regular Member MT GUNNY's Avatar
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    He hasn't Signed it yet and he could still veto it! More than likely he will sign it because he wants to be seen as Pro gun.

    http://www.nraila.org/Legislation/Read.aspx?ID=6754

    Monday, May 09, 2011

    House Bill 159, which would limit the authority of the Department of Fish, Wildlife and Parks (FWP), as well as House Bill 271, a permitless carry bill, are both awaiting action by Governor Brian Schweitzer. The Governor has until this Thursday, May 12, to act on these bills. As long as HB 159 and HB 271 are not vetoed, they will become law.
    Last edited by MT GUNNY; 05-10-2011 at 08:55 PM.

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    Regular Member MT GUNNY's Avatar
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    QUOTE=Augustin However, you are incorrect that "This bill dose nothing to change the status of carrying a concealed weapon in the state of Montana,..."

    Concealed Carry Laws Will NOT Change ! All requierments are the same! Except the addition of this statement in the law. ( In " " )

    (g) a person "Eligible to Possess a Handgun under State or Federal Law, a Person" issued a permit under 45-8-321, or or a person with a permit recognized under 45-8-329;

    http://data.opi.mt.gov/bills/2011/billhtml/HB0271.htm the underline portion is the only added text, which simply says, if you can get a Permit under the law you dont need to get it to carry Concealed in city limits.
    Last edited by MT GUNNY; 05-10-2011 at 09:13 PM.

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    Unhappy

    vetoed

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    Regular Member MT GUNNY's Avatar
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    Regular Member MT GUNNY's Avatar
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    I just got off the phone with some message taker, Told him to tell the gov we put people in the state Legislature to do a job and he just **** on every montanan! And has Lost all my support forever!

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    Regular Member 40s-and-wfan's Avatar
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    It's his last little bit in office and he figures he can urinate down the backs of every Montanan and get away with it now. He's just displayed his true colors! What a waste of skin. I can't believe he would turn like that and do something so asinine and display such arrogance. The man has shown all of us his real agenda now. He doesn't give a fart about anyone here in the state.
    To say that something like this bill would put cops in danger tells me he doesn't know a damn thing about the laws and regulations here in the state in the first place. My wife doesn't need to go through the background check to carry in her purse, and neither does anyone who carries in a fanny-pack or anything like that. No background check is required for Open Carry. Is he really stupid enough to think that those individuals who actually mean the cops harm are going to pay any attention to a background check or not? He's got his head so far up someone else's hind-end that he thinks he's still seeing sunshine. Boy wouldn't it be nice to have a chance to talk face to face with this piece of dung and tell him what he things he knows but doesn't! What an idiot!!

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    Activist Member N605TW's Avatar
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    Are there any demonstrations planed to show that his veto is not acceptable?

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    Gov Vetoed Constitutional Carry

    Sorry to hear this. For sure next year though for you all. I guess the bright side is you can carry concealed in most of your state already. We did not have that exception here in Wyoming before we got a version of Constitutional Carry through. One thing we can take from this, we will remember your Gov should he ever run for anything but the state line. On that note, please don't exile him to Wyo. we already have enough anti pukes here.

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    Quote Originally Posted by Augustin View Post
    It appears to me that HB271 has passed into law and will become effective on July 1st.
    Click image for larger version. 

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    Kinda sucks, but thats just how it goes. Was hoping this would pass, and help us gain some momentum here.
    Last edited by Ken8521; 05-29-2011 at 04:24 PM.

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