NavyLCDR
QUOTE=NavyLCDR;1558938]Who is "they?"
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
18 USC 922 (q)(2)(B)(ii):
Notice in the bolded part above only the words "the State" are used. It's not "a state" or "any state" it is "the State." The same paragraph itself defines "the State" as "the State in which the school zone is located."
If the school zone is located in "the State" of Montana, then law enforcement authorities of "the State" of Montana must verify that the individual is qualified under law to receive the license and they must be
licensed to carry a firearm by "the State" of Montana. Mr. Marbut can argue all he wants to, but the law is pretty dang clear.
This is also the way the ATF interprets the same paragraph:
www.handgunlaw.us/documents/batf_school_zone.pdf
(Maybe that is who Mr. Marbut claims is "they" are wrong?)[/QUOTE]
+++++++++++++++
They = Eagle2009 and NavyLCDR
http://data.opi.mt.gov/bills/mca/45/8/45-8-360.htm
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.
http://data.opi.mt.gov/bills/mca/45/3/45-3-111.htm
45-3-111. Openly carrying weapon -- display -- exemption. (1) Any person who is not otherwise prohibited from doing so by federal or state law may openly carry a weapon and may communicate to another person the fact that the person has a weapon.
(2) If a person reasonably believes that the person or another person is threatened with bodily harm, the person may warn or threaten the use of force, including deadly force, against the aggressor, including drawing or presenting a weapon.
(3) This section does not limit the authority of the board of regents or other postsecondary institutions to regulate the carrying of weapons, as defined in 45-8-361(5)(b), on their campuses.
NOTE: Concealed Weapons Permits in Montana are only required "inside" of incorporated city / town.
http://forum.opencarry.org/forums/archive/index.php/t-39071.html
The good news is that Montana essentially has done an end run around the Federal "Gun Free Zone School Zones Act of 1990" by the inclusion of this little gem in the MCA:
"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."
Basically the Federal Act said something about no guns within 1,000 feet of a school unless individually licensed by the State within which the school is located. MCA 45-8-360 effectively says that if you can own a gun legally, you have an individual license within the borders of Montana.
Montana has a history of thumbing its collective nose at the Feds. The now defunct 55 mph. speed limit was another such example.
http://www.dailypaul.com/91683/self-defense-hb-228-now-law-in-montana-open-carry-no-retreat