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View Full Version : Montana one step closer to Constitutional Carry


NotEnufGarage
03-29-2011, 7:11 AM
Passed the house, just passed the Senate.

They have a Dem for a Gov, so not too sure if he plans to sign it.

http://www.kulr8.com/news/state/118690379.html

edwardm
03-29-2011, 7:31 AM
Montana "Democrat" is not a dirty word like California "Democrat". He's NRA A-rated and had the NRA-PVF endorsement in the last election cycle. I fully expect him to sign this bill (Schweitzer also signed the Montana Firearms Freedom Act in 2009.)



Passed the house, just passed the Senate.

They have a Dem for a Gov, so not too sure if he plans to sign it.

http://www.kulr8.com/news/state/118690379.html

lgm118icbm
03-29-2011, 7:33 AM
Maybe there is hope!

cmth
03-29-2011, 8:30 AM
I know it's the popular catchphrase, but it's not appropriate to refer to the deregulation/decriminalization of concealed carry as "Constitutional carry". Vermont remains the only state with true Constitutional carry, because their Supreme Court found that the Vermont state Constitution bars the state from restricting or regulating the carrying of firearms. Neither Alaska, Arizona, Wyoming, or Montana has any such court ruling, and those states' legislatures could re-criminalize/regulate concealed carry whenever they wanted to.

pointedstick
03-29-2011, 8:44 AM
I know it's the popular catchphrase, but it's not appropriate to refer to the deregulation/decriminalization of concealed carry as "Constitutional carry". Vermont remains the only state with true Constitutional carry, because their Supreme Court found that the Vermont state Constitution bars the state from restricting or regulating the carrying of firearms. Neither Alaska, Arizona, Wyoming, or Montana has any such court ruling, and those states' legislatures could re-criminalize/regulate concealed carry whenever they wanted to.

We can argue on the constitutional merits of the phrase but in the end, "constitutional carry" is a very powerful PR term. Who wants to openly oppose the constitution? Think of it as our rejoinder to "common-sense gun violence prevention" or whatever nonsense they're saying these days.

ALSystems
03-29-2011, 9:12 AM
Montana "Democrat" is not a dirty word like California "Democrat" (Socialist) or California "Republican" (RINO). He's NRA A-rated and had the NRA-PVF endorsement in the last election cycle. I fully expect him to sign this bill (Schweitzer also signed the Montana Firearms Freedom Act in 2009.)
Fixed

Legasat
03-29-2011, 9:28 AM
The more the merrier!!!!

Go Montana!

Low-Pressure
03-29-2011, 9:50 AM
The more the merrier!!!!

Go Montana!

^^agreed^^

IGOTDIRT4U
03-29-2011, 10:33 AM
Heh, I'll be up there this fall for Elk season. Gonna make my day a whole lot easier. Can't wait.

edwardm
03-29-2011, 10:43 AM
Heh, I'll be up there this fall for Elk season. Gonna make my day a whole lot easier. Can't wait.

It appears the interplay to 45-8-316 and 45-8-321 of the Montana statutes will still limit this "free-for-all" carry to residents only. It seems you have to meet all the other prerequisites for a permit, including certain training requirements. Other requirements include being a resident of Montana for 6 months.

I'm starting to wonder if this, coupled with how Wyoming went "permitless" for residents-only, is going to set up another dispute down the road.

Blackhawk556
03-29-2011, 10:47 AM
This will make it #??????? Any word on how the antis spin stuff like this? Link?

Untamed1972
03-29-2011, 11:42 AM
It appears the interplay to 45-8-316 and 45-8-321 of the Montana statutes will still limit this "free-for-all" carry to residents only. It seems you have to meet all the other prerequisites for a permit, including certain training requirements. Other requirements include being a resident of Montana for 6 months.

I'm starting to wonder if this, coupled with how Wyoming went "permitless" for residents-only, is going to set up another dispute down the road.

It does seem that creating seperate classes of people based on residency would be a federal constitutional violation.

CCWFacts
03-29-2011, 12:04 PM
Their governor may be a Democrat but he's not an idiot. Vetoing an NRA-backed bill is career suicide in Montana. He will sign it.

I'm sure there will be a dozen constitutional carry states within the next 12 months.

Zak
03-29-2011, 2:08 PM
This will make it #??????? Any word on how the antis spin stuff like this? Link?

#5, I was expecting New Hampshire to be #5 but maybe not.

:mnl:

safewaysecurity
03-29-2011, 2:15 PM
Fantastic. The more we get the better.

pointedstick
03-29-2011, 6:48 PM
This will make it #??????? Any word on how the antis spin stuff like this? Link?

Probably with something like, "This dangerous law ties the hands of law enforcement by leaving them powerless to prevent gang members and terrorists from bringing LOADED HIDDEN GUNS into kindergartens, nurseries, and nuclear power plants."

mattmcg
03-29-2011, 8:31 PM
Nice! Perhaps this gives me reason to head back to MT to visit those relatives that I've been meaning to see over the past few years....

nicki
03-30-2011, 4:07 AM
My understanding is right now you only need a CCW permit to carry inside the cities and towns and it is an open carry state anyway.

If they pass constitutional carry, but for residents only, it will mean that a federal lawsuit in the 9th circuit applying equal rights to carry rights will be ruled on sometime by the 9th circuit.

Maybe this was something intentional so as to create a class of people who could attack special treatment of state residents with regards to carry rights.

Nicki

NorCal Mtn Flyer
09-03-2011, 11:52 AM
Did the Governor end up signing this into law?

Just curious....

G60
09-03-2011, 12:10 PM
He (Governor) vetoed it May 10th.
So much for that A NRA rating.