Montana Self Defense bill passes 2nd reading in House

Status
Not open for further replies.
L

Libertyteeth

Member
Joined
Oct 12, 2004
Messages
174
Location
Manhattan, Montana
HB 340 (Wells). *This is MSSA's flagship Self Defense bill. *This bill addresses a bunch of different voids in Montana law, all to allow you to better use Self Defense. *It includes a clarification that you have no duty to flee or dial 911 before you defend yourself, about what display of a firearm you may not be charged with a crime, and much more. *This bill also makes it so a concealed weapon permit is not necessary to carry concealed in Montana, but makes permits available for people who want them for nonresident travel and Brady buys. *
http://data.opi.mt.gov/bills/2007/billhtml/HB0340.htm

Frpm Gary Marbut:

Today 3:17:02 pm

Dear MSSA Friends,

Good news. *The House passed our flagship Self Defense bill, HB 340, on Second Reading with a vote of 57-43. *Who voted how is not posted to the Legislature's Website yet, but it will be there soon. *If your Representative voted FOR HB 340, you might send them a message thanking them. *If they voted AGAINST HB 340 today, you definitely should send them a message asking them to switch and vote FOR it tomorrow on Third Reading. *When the vote is posted, it will be at:

http://data.opi.mt.gov/bills/2007/Votes/h034006.txt

Also, our Montana-made guns bill, HB 420, picked up votes on Third Reading today from the Second Reading vote yesterday. *Yesterday it was 75-22. *Today on Third it passed by 83-17. *HB 420 will now go to the Senate where the same process will happen all over again - public hearing in committee, Second Reading debate and vote, and Third
Reading vote only, but this won't happen until March, after "Transmittal."

The chief opponents to HB 340 were Robin Driscoll (D-Billings - a teacher) and especially John Parker (D-Great Falls - a
lawyer/prosecutor). *At least Driscoll is consistent. *She was the lone vote against BOTH HB 420 and HB 340 in the House Judiciary Committee.

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com
 
God, I am crossing my fingers so hard that I get accepted to grad school there.

It's my understanding that they had kind-of-vermont carry when I was there last summer. I'm glad they clarified that into 'better than vermont (with the avail. of permits) carry'.

Note to all-seeking employment in Montana. Training in physics.
 
That's great. What is the likelihood of restrictions on MGs and big bore devices being removed?

CR
 
Art, I know this has to be kind of confusing, but I started this new thread because there are three separate pro-gun bills moving in the Montana legislature, and the closed thread was about another of these bills (HB 420), which just passed the House on 3rd reading. This is about HB 340.
 
I read through the link above but I didn't see any part about carrying concealed without a license. Maybe I missed it? Any help out there?

Also, is this law as of when it passed in the legislature, or does it have a date it goes into effect or... what?

I just moved to Missoula a week ago.

Yes, I do like Montana... a lot.

-Denny
 
At the original link, new language is underlined, and it did not carry through here, but the new language criminalizes concealed carry only if it is being carried in order to commit a crime. The old language made all CC illegal without a license.

Section 9. Section 45-8-316, MCA, is amended to read:


"45-8-316. Carrying concealed weapons. (1) Every A person who carries or bears concealed upon his the person, just prior to using it to commit a criminal offense, a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife having a blade 4 inches long or longer, razor, not including a safety razor, or other deadly weapon shall be punished by a fine not exceeding $500 or imprisonment in the county jail for a period not exceeding 6 months, or both.


(2) A person who has previously been convicted of an offense, committed on a different occasion than the offense under this section, in this state or any other jurisdiction for which a sentence to a term of imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon his the person, just prior to using it to commit a criminal offense, any of the weapons described in subsection (1) shall be punished by a fine not exceeding $1,000 or imprisoned in the state prison for a period not exceeding 5 years, or both."
 
It's my understanding that they had kind-of-vermont carry when I was there last summer.
Click to expand...

Yes, in about 98% of the state - that is, outside city limits.

The new law would allow permitless CCW inside city limits too. (as long as you are not otherwise committing a violent crime)

As I read it the current law even allows purse or waist pack carry inside city limits, because those are not "concealed by clothing" ;)
 
The article I linked to is HB340 which is the self defense bill that is the first one mentioned in the original article. HB340 is MSSA's "Flagship Self Defense Bill".
 
The Senate Judiciary committee held a hearing today on HB 340 (self defense and Alaska carry) and on HB 420 (made in and retained in Montana firearms not subject to federal regulation). We had something like 15+ proponents on hand and mostly testifying for HB 340, and there were a lot of cops and prosecutors testifying against.

Their main objection had to do with the bill's attempt to ensure that the burden of proof in self defense cases was something the gov't had to assume. They asserted that the defendant had to prove self defense, but that's not how crimes are traditionally approached.

Thankfully, the Alaska carry provision was not controversial.

HB 420 had no testimony in opposition. Given the popularity of the fight against real ID (100-0 in the House), and HB 420's margin of about 3/4 in favor in the House, 10th Amendment issues are gaining some traction.
 
I wish the whole country had Vermont/Alaska style CCW. I hope the pro-gun folks in those states that already have CCW don't give up in fighting for this ultimate setup based on freedom and responsiblity.
 
Any news about this?
Click to expand...

HELENA — Lawmakers took shots at each other Saturday over a proposed gun-rights bill, the day after it was tabled by a committee Democrats control.

“I’m disappointed,” said Rep. Jack Wells, R-Bozeman. “The Democrats ... apparently don’t support gun rights.”
Click to expand...

Jent said the bill was a bad idea proposed by a “crazy fringe outfit.”

“I’m tired of a bunch of wingnuts from the Montana Shooting Sports Association thinking they dictate public policy in this state,” Jent said. “And Republicans ought to stand up to the MSSA.”
Click to expand...

Gary Marbut of the Montana Shooting Sports Association said the bill was crucial to clarify that law-abiding people legally can brandish guns to defray potential conflicts. He said most Montanans agree.

“We’re really in the majority in Montana as I see it,” Marbut said.

Rep. Ed Butcher, R-Winifred, agreed. He said the Senate is dominated by liberals whose views on guns were far afield from the political mainstream.
Click to expand...

http://www.greatfallstribune.com/apps/pbcs.dll/article?AID=200770331005


Looks like it is dead for this session.

bob
 
“I’m tired of a bunch of wingnuts from the Montana Shooting Sports Association thinking they dictate public policy in this state,” Jent said. “And Republicans ought to stand up to the MSSA.”
Click to expand...

There's what Montana Democrats think of gun owners

:mad:
 
He is not the only one.

Montana is a lot more democratic leaning than people think. In fact, the LtGov is a republican who ran on the ticket with a Democrat (who won). We also recently lost our Republican US Senator to a Democrat. So we now have two democratic US Senators and our lone republican represenative.

As far as the state legislature, the Dems hold the majority in the Senate, while the republicans hold the house. So, you can see why it is hard to get things accomplished.

bob
 
Message from Gary Marbut. If you are in Montana, we need your help.

Thanks -- LT

HB 340 - Tuesday - last shot

From:
Gary Marbut-MSSA <[email protected]>

To:
[email protected]

Date:
Today 12:00:52 am

Dear MSSA Friends,

It is likely that the motion to "blast" HB 340 (Self Defense) will
happen tomorrow (Tuesday). *Technically this motion is to "override
an adverse committee report" (table).

If we can get 26 senators to support this motion, HB 340 will come up
for Second Reading in the Senate. *This is where we finally lost the
similar HB 693 last session.

If we can get HB 340 to Second Reading, we will ask for more
amendments to strip it down further. *If this works, HB 340 will then
contain three features, "Alaska carry" (permits not needed in Montana
but available), "castle doctrine" (no duty to retreat or flee), and
defender liability immunity (in addition to what's already in Montana law).

Although considerably pared down, even in this form, HB 340 will
still be well worth supporting.

It is now very important for you to get a message to your senator to
support HB 340, especially if your senator is a Democrat.

Phone in a message to the legislative message center at 444-4800, or
use the Online message form at:

http://www.leg.mt.gov/css/sessions/60th/legwebmessage.asp

Get your friends to send messages too.

This is the last chance, so get your messages in. *Be polite, but be firm.

Thanks loads.

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com
 
Status
Not open for further replies.

Similar threads

L
  • Locked
All Montana pro-gun bills passed 1st chamber
Replies
16
Views
1K
Boston T. Party
B
L
  • Locked
Montana: Committee passes HB 340 - Self Defense
Replies
1
Views
557
LAR-15
L
M
  • Locked
Montana leading the charge in the 2A
2
Replies
31
Views
2K
Liberty or Death 86
L
D
  • Locked
Montana Gun Group Accuses NRA Staff of Malfeasance
Replies
7
Views
699
PATH
P
L
  • Locked
Gary Marbut: Montana bills of interest
Replies
1
Views
662
Captain Crunch
C
Back
Top