Captain Crunch

The 2009 revised edition of Gun Laws of Montana, by Gary Marbut, which includes the new self defense laws passed by the 2009 Legislature, is now available.

Unfortunately, the rush to get the book into print resulted in a printing error on page #126. Section 9 of HB228 is only partially quoted. The full text of Section 9, as it should appear in the book, is as follows:

Section 9. Justifiable use of force -- burden of proof. In a criminal
trial, when the defendant has offered evidence of justifiable use of
force, the state has the burden of proving beyond a reasonable doubt
that the defendant's actions were not justified.

I'm told by the author that this error occurs in all copies printed so far, so he will include a corrected insert page in all subsequent copies sold.

For those who have already purchased this edition, you can copy & paste the above complete Section 9 text into a Word document, print it out, and tape or paste it into your copy on page #126.

Gun Laws of Montana

__________________


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

DiggerNMt

Captian Crunch, thank you for this information. I try to pay attention to the laws quite close, this law is a new one. However Montana is also trying to pass a law that you can draw your firearm on someone if you feel threatened even if they have no weapon. They are changing it from run if you can and shoot if needed.
I have also heard that they are also trying to pass a bill that you need no concealment permit to carry a firearm. I will keep you posted, if more information comes my way. Thanks

Captain Crunch

We have already passed this law, it's HB228. Governor Schweitzer signed it. It's in effect as we speak, although the actual statute number hasn't been determined yet.

http://data.opi.mt.gov/bills/2009/billhtml/HB0228.htm

__________________


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

ecorrigan

In reference to the rumor about passing a law not requiring a concealed weapons permit to carry concealed in the state, this is both true and untrue.
Outside the city limits or the limits of an incorporated town, village, logging/mining camp or other such place you do not need a CWP, but inside the limits of the above-mentioned places you still need one. Some of our legislatures tried to eliminate the necessity of a CWP by including in HB-228 the ability to carry without first seeking permission from local government but it was removed before the bill passed, unfortunately! The initial sponsor of HB-228, a Mr. Krayton Kerns, stated that he would try this legislation again in their next session in 2010 or 2011 or whenever they meet again.

__________________
In a crisis you don't rise to the occasion but rather default to your level of training!

Forgiveness is between them and God, it's my job to arrange the meeting!
-John W. Creasy (Man on Fire)

Captain Crunch

This was a provision to do away with concealed weapons permits altogether, and adopt Vermont/Alaska style carry. CWPs would have still been available to those who wanted them for reciprocity purposes and to bypass the NICS check. It was killed early on.

The Montana Legislature meets every two years. The next session will convene in January, 2011.

You knew that, ecorrigan!

__________________


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

DiggerNMt

Captian Crunch, Yes I knew the law passed, but Thank You. I also read that Governor Schweitzer is trying to stick it to the feds, by having Montana manufacture firearms and ammunition. That will be sold to Montanan's so that they will be out of the clutches of the Fed Gov. Let us see what Obama does. If he hits Montana hard they could probably vote to secede from the USA. The governor of Texas has already been refusing Federal money because he does not want to agree to the conditions that go with it and he has been saying secession is a right they have as sort of a threat. Things are no longer the same with the USA. Do not be deceived by Obama acting as if all is the same, it is not.

Captain Crunch

That's the other major gun bill passed by the 2009 Legislature, HB246. The Governor signed it into law. The bill is intended to set up a court challenge to the power of Congress to regulate firearms made and retained in Montana under the power the Constitution gives Congress to "To regulate commerce ... among the several states." Now we just need someone to be the test case.

http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm

BTW, Digger, let's keep the Obama political commentary out of the forum. We don't do politics here. Just a friendly FYI, Montanan to Montanan.

__________________


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

ecorrigan

Bold=Yes and no.

The governor isn't having the state manufacture any ammunition or any firearms. He just signed a bill that states any firearms and ammunition manufactured in the state, that stay in the state do not fall under the Federal Interstate Commerce Clause and therefore do not need to be registered unless the state of Montana feels it necessary to register them!
It states that if a firearm, ammunition or firearms accessory is made in Montana and all parts pertinent to the function of the item are made here in Montana, the feds have no say about it! Unfortunately, ammunition doesn't really qualify. All pertinent parts needed to reload ammunition, except bullets, are made outside of the state and can't be exempted from Federal Regulation!!

__________________
In a crisis you don't rise to the occasion but rather default to your level of training!

Forgiveness is between them and God, it's my job to arrange the meeting!
-John W. Creasy (Man on Fire)