Montana, Legislative Referendum 130

[Hobo Hilton]

Changes are slowly filtering down to town's:

The Hamilton City Council is in the process of amending various provisions of the city’s municipal code by repealing some sections, modifying others, and making some additions. The first of the proposed changes specifically addressed what is allowed and what is prohibited in terms of firearm possession in City parks and public buildings as a result of the passage of Legislative Referendum 130 changing the law concerning the carrying of concealed weapons.


At the council’s January 19 meeting, a public hearing was held in which Public Works Director Donny Ramer presented the draft recommendations that had been devised in consultation with Police Chief Ryan Oster and City Attorney Karen Mahar. He told the council members that the changes were necessary to address the recent changes in state gun laws which, “removed local governments’ power to regulate the carrying of permitted concealed weapons.” He said the amended code would bring them into compliance with LR-130 and clarify the allowed and prohibited activities including firearm possession in the city parks and publicly-owned buildings. While persons can carry weapons into the public parks and publicly owned buildings under the new law, it is still illegal to discharge a firearm in the public parks or in any publicly-owned buildings. The section prohibiting firearms in public meetings was deleted from the code.


Following the public hearing, the new Ordinance #416 was unanimously approved on

Hamilton revises Municipal Code to meet new gun laws - Bitterroot Star

The Hamilton City Council is in the process of amending various provisions of the city’s municipal code by repealing some sections, modifying others, and making some additions. The first of the proposed changes specifically addressed what is allowed and what is prohibited in terms of firearm...

bitterrootstar.com

 

[Choid]

I wonder what HB102 does to all of this. Seems to change everything. Probably good that you aren't allowed to fire rounds off in publicly owned buildings, but does it even need to be said? Montanans aren't from Alabama after all.

 

[Hobo Hilton]

It is very clear what LR-130 does.

Location: Montana
Ballot year: 2020
Ballot text: An act revising firearms laws to secure the right to keep and bear arms and to prevent a patchwork of restrictions by local governments across the state and providing that local governments may not regulate the carrying of concealed weapons; providing that the proposed act be submitted to the qualified electors of Montana; amending sections 7-1-111 and 45-8-351, MCA; and providing an effective date. The 2019 Legislature submitted this proposal for a vote. LR-130 generally restricts a county, city, town, consolidated local government, or other local government unit's authority to regulate the carrying of firearms. It removes a local government unit’s power to regulate the carrying of permitted concealed weapons or to restrict the carrying of unconcealed firearms except in publicly owned and occupied buildings under the local government unit’s jurisdiction. It repeals a local government unit’s authority to prevent or suppress the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors. Federal and other state firearm restrictions would remain unchanged, including for these individuals. Local firearm ordinances that conflict with LR-130 could not be enforced.

 

[Choid]

Right, but HB102, which passed both houses as of yesterday clarifies LR-130 but goes further. Not saying what Hamilton is doing is wrong, it just may not even be necessary in light of HB102.

https://leg.mt.gov/bills/2021/billpdf/HB0102.pdf

tldr version - constitutional carry everywhere but behind security screened areas, jails and on federal property, even in courtrooms unless a judge specifically says no. banks, restaurants, bars, universities etc now ok with or without permit. school boards can permit or deny on school grounds. we are now the West Dakota (not a bad thing politically.)