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2019 HB325 Fix to preemption/Missoula

slapmonkay

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HB325 text can be found here: http://leg.mt.gov/bills/2019/billpdf/HB0325.pdf

A note from Montana Shooting Sports Association regarding the bill and overall plan.

Dear MSSA Friends,

Rep. Matt Regier has introduced HB 325, the bill to cure the abuse of Montana’s “preemption” law by some local governments such as Missoula and Helena. The plan is that this bill will be assigned to the House Judiciary Committee and scheduled for a public hearing in that Committee on Friday (2/1) morning at 9 AM.
The plan is also that there will be two measures, this one and a companion and identical referendum. This is so that if we get HB 325 to Governor Bullock’s desk and he vetoes it, then the same thing as a referendum will go on the next General Election ballot for a vote of the people. The referendum is being prepared and may also get introduced in time to be also scheduled for its public hearing before House Judiciary on Friday.
Folks, this is a very important bill, if we can get it done. Other communities are watching Missoula and its prohibition of unregistered private firearm sales to see if Missoula can get away with that. That issue has now gone to the Montana Supreme Court. I predict that the Montana Supreme Court will figure out some imaginative way to allow Missoula to enforce whatever gun control it wants, despite our reservation of the right to keep or bear arms in the Montana Constitution.
So, the real solution to this policy debate is the Legislature, and therefore HB 325 – for the Legislature to withdraw from local governments any power that they might stretch all out of shape to invoke local gun control across Montana.
To prevent this creeping gun control by local governments in Montana, we need your full support in getting HB 325 passed, along with its to-be-introduced, companion referendum.
Please show up on Friday if you can for the public hearing on HB 325. If you can come, be sure to review:
http://progunleaders.org/Legislative Process/hearing.html
If you can’t be there, get messages to the House Judiciary Committee members asking them to support HB 325.
Thanks loads for your help.
Best wishes,
Gary Marbut, president
Montana Shooting Sports Association
 

slapmonkay

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Joined
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Messages
1,273
Location
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Also note the implications to the conceal carry statute's. Overall expansion of rights and fixing of the preemption statute.

[Edit Note: the expansion of rights mentioned above have been stricken from the bill in an amendment. The bill is primairly focused just on state preemption fixes now.]
 
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slapmonkay

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Joined
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Location
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Update:
This bill and its companion bill has passed both houses and is on its way to the Governor. The companion bill, HB357, sends the vote to the general electorate of Montana via referendum in the case that the Governor veto's HB325. I am interested to see what he will do, I still suspect that he will veto it. If he does, it will be on the general election ballot next year.

I suspect this is the only major firearm bill that has potential this session.
 

slapmonkay

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Messages
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Location
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The language changes from HB325 regarding MCA 45-8-351 'Restrictions on local government regulation of firearms'.
HB325 said:
45-8-351 (2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons to a public assembly, publicly owned and occupied building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.
For those of you that had been tracking my Missoula Mountain Line Transit issue, the transportation district was using the 'public assembly' exception for how they could regulate carry on the bus and their public property. This addresses that issue and several other over steps that have been occurring in several more liberal cities.

Fingers crossed the Governor will sign it, but if not the people of Montana will have a voice on it at least.
 
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