“Shall not be called in question” – SJ 11

Dear MSSA Friends,

If you want to understand SJ 11, our measure to define “shall not be
called in question,” I have written an explanation and have posted it at:
progunleaders.org/Question/

This explanation will be introduced as testimony concerning SJ 11 in its
public hearing(s), so that it will become a part of the “legislative
record” for SJ 11. This means that it will be available for courts to
look at if trying to determine what the intent for SJ 11 is/was.

If you have any questions about SJ 11, this should answer them. If you
want to know more in depth about this subject, I recommend the Wikipedia
article on strict scrutiny at:
en.wikipedia.org/wiki/Strict_scrutiny

Best wishes,

Two MSSA bills introduced – hearing scheduled

Dear MSSA Friends,

Our measure to define the critical phrase “shall not be called in question” that is used to secure our RKBA in the Montana Constitution has now been introduced as Senate Joint Resolution (SJ 11).  This important measure is now scheduled to have its public hearing before the Senate Judiciary Committee (SJC) on Wednesday, February 15th.  You may read the text of SJ 11 at:

SJ 11 is sponsored for MSSA by Sen. Keith Regier (thanks Keith!!).  It is helpful that Sen. Regier is on the SJC and is also Chairman of the SJC.

SB 99 will also have its public hearing before SJC on 2/15.  SB 99 is the MSSA-proposed bill to prohibit state and local officers from enforcing any new (after 1/1/17) federal gun control done by law, regulation, or executive order.  You may read the text of SB 99 at:

SB 99 is sponsored by Sen. Cary Smith (thanks Cary!!).  Sen. Smith serves on MSSA’s Board of Directors.  SB 99 was passed last session but vetoed then by Governor Bullock.

The Senate Judiciary Committee convenes at 9 AM in Room 303 of the Capitol (just on the East side of the Rotunda’s third floor).  Please either come to Helena to speak in favor of these bills, or send electronic messages on 2/13 or 2/14 asking SJC members to support them.

If you are uncertain about how to help or do any of this, please review:

Thanks loads for your help with these important bills.

Best wishes,
--   Gary Marbut, president  Montana Shooting Sports Association  http://www.mtssa.org  Author, Gun Laws of Montana  http://www.mtpublish.com

MSSA offers alternative to Missoula

NEWS RELEASE 
(for immediate release – February 2, 2017) 

Gun Group Offers Alternative to City Council 
“Education, Not Regulation” says MSSA 

MISSOULA – The Montana Shooting Sports Association (MSSA) has offered a Resolution to the Missoula City Council to replace its failed ordinance to regulate private firearm transfers.  The Resolution proposed by MSSA relies on education to help make Missoulians safer with firearms, and includes support for education for children through adults. 

Montana Attorney General Tim Fox recently released an Opinion holding that the ordinance passed by the Missoula City Council to regulate private firearm transfers is in conflict with state law and unenforceable.  MSSA believes that in the wake of that Opinion the City council may be searching for something meaningful and legal that it can do to support firearm safety in Missoula. 

“We believe strongly in firearm safety education.” said Gary Marbut, MSSA President.  “Education is clearly the right way for the Council to approach any perceived firearm safety issues in Missoula.  This proposed Resolution offers a package of education options for the Council to embrace, all of which are perfectly legal today.  It will actually move the ball for the Council, and for Missoula.” 

Marbut said he hopes the City Council will take the offered Resolution seriously and get it on the Council’s agenda for consideration. 

The proposed Resolution is available for public review at 
http://progunleaders.org/Missoula_Resolution/ 
The Resolution includes support for Be Safe, and gun safety program for children, Hunter Education provided by the Department of Fish, Wildlife and Parks for youth, firearm safety education now available for adults, and a published Guide to Private Firearm Sales. 

Marbut believes the package of education options in the Resolution would receive broad support from the public. 

 – 30 –

--   Gary Marbut, president  Montana Shooting Sports Association  http://www.mtssa.org  Author, Gun Laws of Montana  http://www.mtpublish.com

Legislative update 01/31/17

HB 262, Permitless Carry, passed the House on Third Reading by 60-39
HB 246, non-enforcement of Post Office restrictions, passed the House on Third Reading by 60-39
HB 273, CWPs for legal immigrants, passed the House on Second Reading by 100-0
HB 251, remove various items as concealed weapons, passed the House on Second Reading by 67-33

--   Gary Marbut, president  Montana Shooting Sports Association  http://www.mtssa.org  Author, Gun Laws of Montana  http://www.mtpublish.com

Bills advancint

Dear MSSA Friends,

All four bills that had public hearings before the Montana House Judiciary Committee on Tuesday have been passed by the Committee.  They will now advance to the floor of the House for action before the full body on Second Reading.  If you’re not familiar with what this means, please review:
http://progunleaders.org/Legislative%20Process/
These four bills that have moved on to the House floor are:

HB 262 – Permitless Carry (in other states called “Constitutional Carry”) – Rep. Bill Harris. Since 1991, a concealed weapon permit (CWP) has not been required for a law-abiding person to carry a concealed weapon in 99.4% of Montana – outside the limits of cities or towns.  With over two decades of experience that not requiring CWPs for nearly all of Montana has not created any problems, this bill will harmonize the law so a permit will no longer be required for a law abiding person to carry a concealed weapon in the remaining 6/10ths of 1% of Montana, inside cities and towns.  This bill would leave the permitting process in place, so citizens who desire them may still obtain CWPs for travel to other states that recognize Montana CWPs, and for firearm purchases at gun stores under the federal Brady Law.  This change would exclude criminals from applicability – it would still be illegal for criminals to carry concealed weapons.  Another way to explain this is that if a law abiding person were wearing a firearm, this bill would make it legal to put on a coat inside city limits without a government permit to dress for cold or wet weather.  This bill was carried last session by Rep. Harris and passed House and Senate, but was vetoed by Governor Bullock.

http://leg.mt.gov/bills/2017/billhtml/HB0262.htm

HB 246 – Firearms in Post Offices – Rep. Randy Brodehl.  This bill would prohibit enforcement by state and local officers of federal laws making it a crime to have a firearm in a vehicle in a U.S. Post Office parking lot, or inside a Post Office building.

http://leg.mt.gov/bills/2017/billhtml/HB0246.htm

HB 273 – CWPs and legal immigrants – Rep. Barry Usher.  Current law requires that only U.S. citizens may apply for a Montana CWP.  This restriction has been stricken by federal courts in other states as a violation of  “equal protection” (of the laws) for legal immigrants, who are deemed to have rights protected by the Constitution.  This bill will cause Montana law to conform to the equal protection requirements of federal courts.

http://leg.mt.gov/bills/2017/billhtml/HB0273.htm

HB 251 – Exclude various concealed weapons  – Rep. Kirk Wagoner.  This bill would exclude from concealed weapons laws a variety of weapons listed there, including a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife having a blade 4 inches long or longer, and razor.  It would leave subject to concealed weapons laws only handguns.  This bill would simplify existing law.

http://leg.mt.gov/bills/2017/billhtml/HB0251.htm

Please contact your Representative and ask him or her to support all four of these bills.
Thanks,

--   Gary Marbut, president  Montana Shooting Sports Association  http://www.mtssa.org  Author, Gun Laws of Montana  http://www.mtpublish.com

Attorney General Opinion, Missoula Ordinance

Dear MSSA Friends,

Montana Attorney General Tim Fox has released the requested Opinion about the enforceability of the Missoula ordinance requiring government background checks for private transfers of firearms.  You can access this AG Op here:

As expected, this AG Opinion declares the Missoula ordinance to be in conflict with controlling state law, and to be unenforceable.

Addressing the Missoula ordinance this way, and putting the wheels in motion for this AG Opinion, was something MSSA initiated over a year ago.  We’re glad this planting finally bore the expected fruit.  This is yet another example of what MSSA does for Montana gun owners.  For more examples, see:

If you are not already an MSSA member, you should really join to be a part of our longstanding success.  MSSA membership information is available at:

Best wishes,


--   Gary Marbut, president  Montana Shooting Sports Association  http://www.mtssa.org  Author, Gun Laws of Montana  http://www.mtpublish.com

Four bills up on Tuesday, 1/24

Dear MSSA Friends,

There are four “gun bills” up before the House Judiciary Committee next Tuesday, 1/24, for public hearing.  While none of these bills are on the official MSSA legislative agenda, MSSA supports all four and urges your support as well.  These bills are:

HB 262 – Permitless Carry – Rep. Bill Harris. Since 1991, a concealed weapon permit (CWP) has not been required for a law-abiding person to carry a concealed weapon in 99.4% of Montana – outside the limits of cities or towns.  With over two decades of experience that not requiring CWPs for nearly all of Montana has not created any problems, this bill will harmonize the law so a permit will no longer be required for a law abiding person to carry a concealed weapon in the remaining 6/10ths of 1% of Montana, inside cities and towns.  This bill would leave the permitting process in place, so citizens who desire them may still obtain CWPs for travel to other states that recognize Montana CWPs, and for firearm purchases at gun stores under the federal Brady Law.  This change would exclude criminals from applicability – it would still be illegal for criminals to carry concealed weapons.  Another way to explain this is that if a law abiding person were wearing a firearm, this bill would make it legal to put on a coat inside city limits without a government permit to dress for cold or wet weather.  This bill was carried last session by Rep. Harris and passed House and Senate, but was vetoed by Governor Bullock.

HB 246 – Firearms in Post Offices – Rep. Randy Brodehl.  This bill would prohibit enforcement by state and local officers of federal laws making it a crime to have a firearm in a vehicle in a U.S. Post Office parking lot, or inside a Post Office building.

HB 273 – CWPs and legal immigrants – Rep. Barry Usher.  Current law requires that only U.S. citizens may apply for a Montana CWP.  This restriction has been stricken by federal courts in other states as a violation of  “equal protection” (of the laws) for legal immigrants, who are deemed to have rights protected by the Constitution.  This bill will cause Montana law to conform to the equal protection requirements of federal courts.

HB 251 – Exclude various concealed weapons  – Rep. Kirk Wagoner.  This bill would exclude from concealed weapons laws a variety of weapons listed there, including a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife having a blade 4 inches long or longer, and razor.  It would leave subject to concealed weapons laws only handguns.  This bill would simplify existing law.

If you are not familiar with how to support or weigh in on bills, please visit or revisit:

I’ve explained it all to you there.

Thanks for your help with these bills.  MSSA agenda bills will be coming soon.

Best wishes,

--   Gary Marbut, president  Montana Shooting Sports Association  http://www.mtssa.org  Author, Gun Laws of Montana  http://www.mtpublish.com

Setting the Record Straight – Gianforte/Bullock

Setting the Record Straight – Gianforte/Bullock
Dear MSSA Friends,
I just heard an ad on the radio by green decoy group Montana Conservation Voters.  This is a group philosophically aligned with the Montana Democrat Party that pops up every election cycle to try to fool gun owners and hunters into believing whatever blather this decoy group is currently offering, and generate cover for anti-gun political candidates.  Otherwise, this group has no known activity in Montana.  As far as I know, the group doesn’t “conserve” anything (except anti-gun and anti-hunting candidates).
The ad I heard was an attack on Greg Gianforte, the MSSA-endorsed candidate for Governor.  I don’t have time to cover it all, and you probably don’t have the patience to hear it all, but let me hit just three high points.
The ad refers to Gianforte as a “New Jersey billionaire.”  Well, it’s true that Gianforte did live in New Jersey for a couple of years, and that he did sell his company for over a billion dollars.  Gianforte lived in New Jersey for a couple of years, before he and wife Susan moved to California, which was before they settled in Montana 40 years ago to take up Montana ways and raise their children here.  So, Gianforce is a Montanan by choice, not by accident of birth as Bullock is.  And, Gianforte made his billion HERE IN MONTANA, not in New Jersey.  And, Gianforte made his money the old-fashion way, by starting a business in his garage and spending long, hard-working days, months and years nurturing that business into a tremendous success, ALL HERE IN MONTANA.  In accusing Gianforte of being a “New Jersey billionaire,” they conveniently fail to mention that the last place Bullock lived before he came back to Montana to run for Attorney General, I hear, was in Washington, D.C.  So, we might ask as well, do we want a professional politician from Washington running Montana?
The ad speaks of Gianforte’s “mansion” near Bozeman, trying to trigger what economist Gary North calls the “politics of envy.”  When MSSA volunteer Elisa was doing her recent MSSA membership tour of Montana (thanks Elisa), she stayed for a couple of days with the Gianfortes.  She called me about the Gianforte home.  Elisa was surprised and told me, “Gary, this place isn’t a ‘mansion.’  It’s just a house.  They keep it nicely, but it’s just an average house.”  I told her that first-generation money people (the people who earned it the hard way) tend to be frugal and not ostentatious.
The ad accuses Gianforte of suing the people of Montana to exclude them from his property.  Well, this too is a considerable exaggeration.  There was a question about the title to some of the property where the Gianfortes live.  Gianforte could not get that resolved without a judge’s signature on the resolution document.  Judges don’t just sign things without people going through some sort of formal process.  In the case of land title questions, that process in law is called a “quiet title” action.  It must be filed in court and all interested parties must be afforded an opportunity to be heard on the matter.  That’s what Gianforte did, something thousands of Montana landowners have also done to resolve title questions.  Excluding people was never the object.  Heck, Gianforte has always allowed, even invited, fishermen to access the adjacent river via his property.  There was never any discussion of excluding people until Bullock or his supporters latched onto this to try to make it sound like something it wasn’t.
Well, now you know the “rest of the story,” as Paul Harvey used to say.  Thanks for letting me vent about this.
The election for Governor will probably be close, so please make sure ALL of your friends have voted, and remember the truths above about MSSA-endorsed Greg Gianforte.
Best wishes,

 

Gary Marbut, President

Montana Shooting Sports Association
Author, Gun Laws of Montana