MontanaCZ
Regular Member
I saw this in the paper today, and I know that this specific ordinance has been discussed here before.
http://helenair.com/news/article_d5464022-9190-11e0-87e2-001cc4c002e0.html?mode=story
Tea Party Challenging City Gun Ordinance
In an ongoing attempt to initiate a review of Helena’s firearm ordinance, Lewis and Clark’s Conservative Tea Party is planning to make an appearance at the city commission’s Monday night meeting.
Last month, the tea party sent two letters to the city requesting a formal hearing before the commission to consider amending or repealing city ordinance 5-1-32, which prohibits, among other things, carrying a loaded or concealed firearm in public places within Helena limits. Lewis and Clark’s Conservative Tea Party Executive Director Tim Ravndal acknowledged that some regulations are important to ensure safety, but said they shouldn’t go so far as to infringe on the rights of citizens or go against compliance with state laws.
In a letter dated May 31, City Manager Ron Alles said that though he appreciated the “differing opinions, both legal and otherwise,” regarding the ordinance, City Attorney David Nielsen has reaffirmed that the ordinance is legal under state statute. The proper place to challenge the legality of an ordinance is Montana’s court system, Alles wrote, and because of that, the party’s request for a hearing was denied.
“However, all City agendas for public meetings afford any citizen the opportunity to bring matters before the City Commission not otherwise scheduled,” the letter goes on to say. “You are welcome to attend any scheduled City Commission meeting, at your convenience, and bring the matter before them at the proper time.”
And so, Ravndal is planning to attend the next public meeting, at 6 p.m. Monday, to ask the city to reconsider its denial for a hearing. He said it would be better to go through that kind of public process instead of getting entangled in a court battle. For that reason, he plans to go through all the other avenues open to him before filing a lawsuit, including the public comment at the commission meeting, he said. But he acknowledged that the commissioners aren’t required to respond to what he says there and doesn’t necessarily expect anything to come out of it.
“It’s a shot in the dark, so to speak,” he said. “No pun intended.”
The city ordinance states that it is unlawful and a misdemeanor for anyone other than a peace officer on duty, a citizen protecting his life, family or property, or another individual authorized by law 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.”
With exceptions for “legitimate displays of unloaded firearms at shows and other public occasions” and hunter or gun safety classes, it is also a misdemeanor to possess a firearm, airgun or pistol at a public assembly or in a city park, school or publicly owned building.
Exceptions to the above regulations are specified for various military and law officers. A person with a concealed weapons permit who is stopped by a law enforcement officer when carrying the weapon must immediately “advise said law officer of the location and type of weapon” and show the valid permit. People who want to arrange staged presentations using firearms with blanks or black powder must submit a request to do so to the city manager beforehand.
Ravndal pointed out Montana Code 45-8-321 and Article II, Section 12, of the Montana Constitution, which address citizens’ rights to own firearms. State statute does note, however, that “For public safety purposes, a city or town may regulate the discharge of rifles, shotguns and handguns” and that a “county, city, town, consolidated local government unit has the power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens and minors.”
The state constitution reads, “The right of any person to keep or bear arms in defense of his own home, person and property, or in aid of the civil power when thereto legally summoned, shall not be called into question, but nothing herein contained shall be held to permit the carrying of concealed weapons.”
The full text of each can be found as links in this story online at helenair.com.
Reporter Allison Maier:
447-4075 or allison.
maier@helenair.com
Copyright 2011 helenair.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
http://helenair.com/news/article_d5464022-9190-11e0-87e2-001cc4c002e0.html?mode=story
Tea Party Challenging City Gun Ordinance
In an ongoing attempt to initiate a review of Helena’s firearm ordinance, Lewis and Clark’s Conservative Tea Party is planning to make an appearance at the city commission’s Monday night meeting.
Last month, the tea party sent two letters to the city requesting a formal hearing before the commission to consider amending or repealing city ordinance 5-1-32, which prohibits, among other things, carrying a loaded or concealed firearm in public places within Helena limits. Lewis and Clark’s Conservative Tea Party Executive Director Tim Ravndal acknowledged that some regulations are important to ensure safety, but said they shouldn’t go so far as to infringe on the rights of citizens or go against compliance with state laws.
In a letter dated May 31, City Manager Ron Alles said that though he appreciated the “differing opinions, both legal and otherwise,” regarding the ordinance, City Attorney David Nielsen has reaffirmed that the ordinance is legal under state statute. The proper place to challenge the legality of an ordinance is Montana’s court system, Alles wrote, and because of that, the party’s request for a hearing was denied.
“However, all City agendas for public meetings afford any citizen the opportunity to bring matters before the City Commission not otherwise scheduled,” the letter goes on to say. “You are welcome to attend any scheduled City Commission meeting, at your convenience, and bring the matter before them at the proper time.”
And so, Ravndal is planning to attend the next public meeting, at 6 p.m. Monday, to ask the city to reconsider its denial for a hearing. He said it would be better to go through that kind of public process instead of getting entangled in a court battle. For that reason, he plans to go through all the other avenues open to him before filing a lawsuit, including the public comment at the commission meeting, he said. But he acknowledged that the commissioners aren’t required to respond to what he says there and doesn’t necessarily expect anything to come out of it.
“It’s a shot in the dark, so to speak,” he said. “No pun intended.”
The city ordinance states that it is unlawful and a misdemeanor for anyone other than a peace officer on duty, a citizen protecting his life, family or property, or another individual authorized by law 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.”
With exceptions for “legitimate displays of unloaded firearms at shows and other public occasions” and hunter or gun safety classes, it is also a misdemeanor to possess a firearm, airgun or pistol at a public assembly or in a city park, school or publicly owned building.
Exceptions to the above regulations are specified for various military and law officers. A person with a concealed weapons permit who is stopped by a law enforcement officer when carrying the weapon must immediately “advise said law officer of the location and type of weapon” and show the valid permit. People who want to arrange staged presentations using firearms with blanks or black powder must submit a request to do so to the city manager beforehand.
Ravndal pointed out Montana Code 45-8-321 and Article II, Section 12, of the Montana Constitution, which address citizens’ rights to own firearms. State statute does note, however, that “For public safety purposes, a city or town may regulate the discharge of rifles, shotguns and handguns” and that a “county, city, town, consolidated local government unit has the power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens and minors.”
The state constitution reads, “The right of any person to keep or bear arms in defense of his own home, person and property, or in aid of the civil power when thereto legally summoned, shall not be called into question, but nothing herein contained shall be held to permit the carrying of concealed weapons.”
The full text of each can be found as links in this story online at helenair.com.
Reporter Allison Maier:
447-4075 or allison.
maier@helenair.com
Copyright 2011 helenair.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
