Good News For Montana (Updated)

Good News For Montana (Updated)

This is a discussion on Good News For Montana (Updated) within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; The Montana Shooting Sports Association (MSSA) is reporting today that the Montana self-defense bill, HB-228, is all but a done deal. Good news: the Conference ...

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Thread: Good News For Montana (Updated)

  1. #1
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    Array Captain Crunch's Avatar
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    Good News For Montana (Updated)

    The Montana Shooting Sports Association (MSSA) is reporting today that the Montana self-defense bill, HB-228, is all but a done deal.

    Good news: the Conference Committee stripped the provision that prohibited concealed carry in hospitals & health care facilities.

    Bad news: "Vermont/Alaska" style carry was stripped from the bill early on. We still need permits, but as before, only inside incorporated cities or towns.

    Here's what we get:

    1. A clear policy statement by the Legislature that self defense is
    a natural right and that self defense by citizens reduces crime.

    2. A clear policy statement by the Legislature that the right to
    bear arms in Montana is clearly a fundamental (important legal term)
    and individual right.

    3. Reversal of guilty-until-proven-innocent for people defending
    themselves. This provision requires the state to prove beyond a
    reasonable doubt that a person defending herself or himself was NOT
    justified in using force, rather than the status quo, that defenders
    must prove that they were justified in using force. Trust me, this
    is very important.

    4. Legislative declaration of policy that a defender has no duty to
    summon help or flee before using force to defend, in any place.

    5. Open carry is legal. This has been presumed in Montana, but
    never stated in law. People have been arrested for open carry. This
    will settle that issue for good.

    6. A defender may announce "I have a gun," with no more fear of
    prosecution under Montana's overbroad felony "Intimidation" statute.

    7. Defensive display. A person may show an attacker that the
    defender is armed, and may even draw the gun and still be clearly on
    the right side of the legal line if the defender genuinely fears attack.

    8. Requirement that when police investigate a scene where self
    defense is claimed, investigators must collect evidence that may
    support a claim of self defense as well as any other evidence.

    9. Improved conditions for a defender to use force in any occupied
    structure. This applies to all occupied structures, not just a dwelling.

    10. Police may not destroy any firearms seized. Any firearms seized
    must either be returned to the rightful owner or sold back into the
    marketplace.

    11. Landlords may not prevent tenants from possessing
    firearms. This not only protects travelers staying in motels, but
    also protects those who cannot afford to own their own homes.

    12. Restoration of the right to bear arms for people convicted of
    non-violent crimes who have done their time and been released from
    state supervision. This will not apply to people who have committed
    crimes of violence or crimes where a weapon was used.

    13. The ability to use reasonable force to effect the citizen's
    arrest of a person believed to have committed a crime - to be able to
    hold the person until law enforcement can be summoned (as happened
    yesterday in Thompson Falls).

    14. An immediate effective date. All of this will become effective
    while the ink from the Governor's signature is drying.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry


  2. #2
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    Good luck to all of you out there in Big Sky country with that bill, looks like it would do a whole lotta good. Kinda sad that a law like that has to be passed though, when so much of it seems like common sense.
    Fortes Fortuna Juvat

    Former, USMC 0311, OIF/OEF vet
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    Member Array Fred's Avatar
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    Yeah, one for our side. Prais the LORD.

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    This afternoon, the House concurred with a vote of 80/20 and the Senate concurred with a vote of 40/10.

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    This is scheduled for another reading by the house and senate tomorrow the 9th. hopefully the last reading before it goes to the Governor to be signed and hopefully he will sign it.

    Although a far cry from the original bill that was introduced, it is still good and better then nothing.
    Longbow
    "Planning to draw and chamber a round after TSHTF is like planning to fasten your seatbelt after you see the other guy run a stopsign..."

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    VIP Member Array AllAmerican's Avatar
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    Excellent!
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    New tunes added.
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    10. Police may not destroy any firearms seized. Any firearms seized
    must either be returned to the rightful owner or sold back into the
    marketplace
    Nice!
    It is surely true that you can lead a horse to water but you can't make them drink. Nor can you make them grateful for your efforts.

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    Distinguished Member Array tinkerinWstuff's Avatar
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    I'm jelous
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    Distinguished Member Array Rcher's Avatar
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    I love my Montana.
    "Government is not the solution to our problem; government IS the problem". - Ronald Reagan 1981

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    VIP Member Array PatrioticRick's Avatar
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    Good to see our neighbors have it together for the good guys.
    Μολὼν λαβέ

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    VIP Member Array Supertac45's Avatar
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    Very nice.
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    Thumbs up

    Passed third reading this morning 85/14 (H) and 40/10 (S) so it's off to the Governor for his signature... I assume that he will sign it.

  13. #13
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    We picked up 5 votes in the House on 3rd reading, that's good.

    The Governor will sign it, I'm certain.

    We should all send a "thank you" to Governor Schweitzer:

    Montana Governor Brian Schweitzer


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

  14. #14
    Distinguished Member Array ErnieNWillis's Avatar
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    I'm calling my wife and telling her we are moving to Montana!

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    I still would love to live in Montana. Had hopes early in my career but it did not pan out.

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