Montana House Passes Bill with Constitutional Carry

Second Amendment Supporters Can Make A Major Montana Gain
Montana House Passes Bill with Constitutional Carry, Removal of Gun Free Zones

U.S.A.-(AmmoLand.com)- The Montana House of Representatives has passed major gun law legislation, HB102, by more than a 2-1 margin, 66 for, 31 against.

The bill is the accumulation of a decade and a half of struggle against Democrat Governors, who have repeatedly vetoed reform legislation passed with large majorities in the legislature. Numerous sections in the bill show the Montana legislature has learned the lesson from other states as they restore the right to keep and bear arms.

Link to the text of Montana bill HB102 at mt.gov.

HB102 is a general revision of Montana gun law. Numerous Montana statutes are revised, and new sections are added.Here are the major points of HB102:

Purpose and Legislative intent from the bill:

NEW SECTION. Section 1. Purpose. The purpose of [sections 1 through11] is to enhance the safety of people by expanding their legal ability to provide for their own defense by reducing or eliminating government-mandated places where only criminals are armed and where citizens are prevented from exercising their fundamental right to defend themselves and others.

NEW SECTION. Section 2. Legislative intent. It is the intent of the legislature to reduce or remove provisions of law that limit or prohibit the ability of citizens to defend themselves by restricting with prior restraint the right to keep or bear arms that the people have reserved to themselves in the Montana constitution, and to further establish that the right to defense of a person’s life, liberty, or property is a fundamental right.

Section 3. Legislative Findings:

  • The Montana Constitution does not grant the Montana University system the power to amend, suspend, alter or abolish Constitutional rights.
  • The Montana University land and buildings are public property and are not private entities.
  • Prohibition of possession of firearms on campus calls into question the right to keep and bear arms protected by the Montana Constitution.
  • Gun-free zones provide an increased risk to the health and safety of citizens.
  • The U.S. Supreme Court, in the Heller and McDonald decisions, affirmed the right to keep and bear arms. The rights apply against local and state governments.

Section 4.  Establishes 8 limited places where concealed firearms may not be carried, and confirms they may be carried everywhere else.

Section 5. Prohibits university officials from infringing on the right to keep and bear arms.

Section 6. Allows for limited regulation of firearms on University campuses.

Section 7. Allows for lawsuit and recovery of damages, court costs and attorney’s fees if the right to keep and bear arms is denied, diminished or wrongfully delayed by government officials.

Section 8. Protects the defensive display of a weapon.

Section 9. Eliminates the penalties for concealed carry for people who may legally possess a firearm (permitless carry).

Section 10. Limits concealed carry in places that serve alcohol, and in government buildings, to people who have concealed carry permits.

Section 11. Reinforces and enhances Montana’s preemption law for firearms.

Section 12. Repeals exceptions for numerous privileged officials and the statute banning the carry of firearms on a train.

Section 13. Severability of the statute

Section 14. Codification instructions

Section 15. Statute shall be effective on passage and approval.

Passage of HB102 in the Senate seems likely. Governor Greg Gianforte is expected to sign the bill.

Fifteen years of much-needed reforms are included in the fifteen sections of HB102. The chance of passage is good. Expect intense lobbying and propaganda by those who want the population disarmed.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Montana Bob
Montana Bob
9 months ago

Great piece of legislation EXCEPT that the proposed legislation contains many instances where a Concealed Weapons Permit is STILL REQUIRED.

Therefore, were this legislation to become law, contrary to what is promised, it is NOT Constitutional Carry. Basically the law would EXPAND Concealed Carry laws but Montana would still require a Concealed Weapons Permit in many instances.

Given the massive anti-firearm sentiment in the US today, we in Montana have our best–and probably only–shot at passing a true Constitutional Carry law.

Back to work guys and gals. Rewrite this bill to reflect a TRUE CONSTITUTIONAL CARRY law.

Montana Bob

Montana Bob
Montana Bob
9 months ago
Reply to  Montana Bob

Mea culpa. I meant to say: “Basically the law would REDUCE Concealed Carry laws . . . ”

Montana Bob

musicman44mag
musicman44mag
9 months ago

Only 1,384 days left and we can vote to make America great again.

Elisa Delaurenti
Elisa Delaurenti
9 months ago

Indeed, we’ve written and passed this legislation more than once in the past, only to have the previous two anti-Second Amendment Governors veto them once they got to their desks. Montana did pretty well in the last “election”, and there’s a lot of “New Sheriffs in Town” today who fully support our RKBA. This, combined with our referendum LR130, voted on and passed, and our NEXT bill will move mountains to protect all Montana gun owners from the onslaught of new federal anti-Constitutional “laws” that are coming down the pike. One of the bidet crime cartel’s first EO’s attacks our… Read more »

OlTrailDog
OlTrailDog
9 months ago

There is also a Convention of States (COS) meeting tomorrow at the capital in Helena, MT.

OlTrailDog
OlTrailDog
9 months ago

Yippee! Today I’m almost proud to be a Montanan, depending on final results of course. 😉

musicman44mag
musicman44mag
9 months ago
Reply to  OlTrailDog

They finally have a republican governor again so there is a good chance it will pass. I hope they pass a law that if the federal government outlaws AR 15’s or standard capacity magazines that they will not comply, I will be moving to Montana one week after they do..Red Lodge is a wonderful little town. I fell in love with it when I was leaving Yellowstone and spent the night there.

Last edited 9 months ago by musicman44mag
uncle dudley
uncle dudley
9 months ago

I guess the amount of rights and freedom depends on where you live in America, it’s such a shame that other states want to keep people from protecting themselves while calling for the police to be defunded.
Good job Montana.

RJL
RJL
9 months ago

Only 37 more States to Go…

Montana454Casull
9 months ago

I am very glad to see this as I live in Montana and carry concealed . I live rural and it’s a pain everytime I go into town to take my handgun and open carry it or take it off . Thank you to our legislators who honor the second amendment and the right to self protection.

Montana Bob
Montana Bob
9 months ago

Montana454Casull,

No question that carrying can be a real PITA, particularly when going to the Post Office. The problem is that this legislation will not change that.

This legislation, as written, is a good start, but still needs some heavy tweaking.

As always, just my opinion.

Montana Bob

YourTruth
YourTruth
9 months ago

Thank God… good news for once

Matt in Oklahoma
Matt in Oklahoma
9 months ago

Awesome

musicman44mag
musicman44mag
9 months ago

Yea, They did it. Congratulations I hope the rest of Ameri? will follow suit. Keep up the good work leading by example. I hope Oregone will do the same dam thing and that a federal law is passed that forces constitutional carry all across the united states of A???? forcing states like Kamaltoefornia to comply.

Choogie
Choogie
9 months ago
Reply to  musicman44mag

The show isn’t going to be over until we are over, but that damn Yellow Fringe has got to go along with SS ponzi scheme that FDR hung around our necks back in 1935. They will never stop finding ways to screw us and we must never give up the fight. Our Constitution of the People and For the People must Stand no matter what.

Ryben Flynn
Ryben Flynn
9 months ago
Reply to  musicman44mag

The Gold Fringe is considered as a Ceremonial Flag.
“Records indicate that fringe was first used on the flag as early as 1835. It was not until 1895 that it was officially added to the national flag for all regiments of the Army. For civilian use, fringe is not required as an integral part of the flag, nor can its use be said to constitute an unauthorized addition to the design prescribed by statute. It is considered that fringe is used as an honorable enrichment only. (Military tradition)”

Choogie
Choogie
9 months ago
Reply to  Ryben Flynn

You probably don’t know that the Bilderburgs exist either along with other 1WO organizations. You need to go deep to find that one pal. It’s there.

Laddyboy
Laddyboy
8 months ago
Reply to  musicman44mag

@m44m: If I have misinterpreted history, the “fringe” attached around OUR American FLAG indicates the surrender to the MARITIME LAW system of England. Thus, COMMON LAW has been discarded in America courts due to the change that the courts are now using the “maritime law system”. You ARE GUILTY till you PROVE yourself NOT GUILTY. The Government IS RIGHT — EVEN when they are wrong.