Posted on 02/12/2021 5:34:18 AM PST by marktwain
HB102 Passed the Montana Senate on 3 February, 2021, with a strong majority of 29 to 21 votes. The bill is scheduled for debate and a vote in the House on 4 February, 2021. This correspondent expects the bill to pass the House with the Senate amendments, and send the HB102 to Governor Greg Gianforte. Governor Gianforte has been reported as saying he wishes for this bill to be the first bill he signs as Montana's new Governor. The bill was extensively considered in a previous article.
Reform bills with similar provisions have been repeatedly vetoed by Democrat governors in Montana for 15 years.
The amendments added to HB102 in the senate are expected to be acceptable to the House. As this correspondent reads the bill they are:
- The effective date for changes to University policies has been changed from on passage to 1 June, 2021.
- A gun free zone has been added to the university exceptions. It is:
(i) the possession of a firearm at an athletic or entertainment event open to the public with controlled access and armed security on site.
- The same training required for Montana concealed carry permits may be required to carry on campus, either openly or concealed, by university regulation. People must be allowed to carry if they meet the requirements.
- The prohibition on carry in places which serve alcohol has been removed.
Here are the various ways the training requirement may be met, under Montana law. From Statute 45-8-321(3) :
(3) An applicant for a permit under this section must, as a condition to issuance of the permit, be required by the sheriff to demonstrate familiarity with a firearm by:
(a) completion of a hunter education or safety course approved or conducted by the department of fish, wildlife, and parks or a similar agency of another state;
(b) completion of a firearms safety or training course approved or conducted by the department of fish, wildlife, and parks, a similar agency of another state, a national firearms association, a law enforcement agency, an institution of higher education, or an organization that uses instructors certified by a national firearms association;
(c) completion of a law enforcement firearms safety or training course offered to or required of public or private law enforcement personnel and conducted or approved by a law enforcement agency;
(d) possession of a license from another state to carry a firearm, concealed or otherwise, that is granted by that state upon completion of a course described in subsections (3)(a) through (3)(c); or
(e) evidence that the applicant, during military service, was found to be qualified to operate firearms, including handguns.
(4) A photocopy of a certificate of completion of a course described in subsection (3), an affidavit from the entity or instructor that conducted the course attesting to completion of the course, or a copy of any other document that attests to completion of the course and can be verified through contact with the entity or instructor that conducted the course creates a presumption that the applicant has completed a course described in subsection (3).
(5) If the sheriff and applicant agree, the requirement in subsection (3) of demonstrating familiarity with a firearm may be satisfied by the applicant's passing, to the satisfaction of the sheriff or of any person or entity to which the sheriff delegates authority to give the test, a physical test in which the applicant demonstrates the applicant's familiarity with a firearm.
As listed, there are several available avenues for those who wish to carry on campus to meet the training requirements, including demonstrating to a sheriff their familiarity with a firearm, if the sheriff agrees.
The bill includes numerous other reforms which Second Amendment supporters have been attempting to pass in Montana for years.
Update: HB102 has been sent to Governor Gianforte for his signature.
©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
Where is Texas?
What is Abbott doing?
^ ^
“(e) evidence that the applicant, during military service, was found to be qualified to operate firearms, including handguns.”
Need to start wearing my expert M-16 and .45 badge. Should have had the 40MM and 50 Cal added to my records.
My state is likely to do this pretty soon, but I’m going to go ahead and get the permit since I frequently travel into states that have reciprocity that might not do permit-less at least not for a while. Am I thinking about this correctly, or am I about to waste a few dollars and a morning at the courthouse?
It may be -14 F here outside my Montana home but this news wams me right up!
We have had decades of worthless Governors in this state, the last R Gov. (Racicot) was a worthless (attempted) Tax-hiking RINO.
The voters said NO to his sales tax proposal (no sales tax in this state) 70% to 30%.
Racicot said: I got the message! NO Sales Tax! Reelect Me!
We did and he forced through ANOTHER sales tax bill!
The vote on this one went NO 75% to 25%.
Then Racicot went to work for GWB...
Gianforte will be a breath of fresh air to Montanans!
“Am I thinking about this correctly, or am I about to waste a few dollars and a morning at the courthouse?”
There will be class time and costs associated with that as well...
No class required here, just application, fee, and background check. The application is online and took only a couple of minutes. The courthouse is 45 minutes away, so driving there and back on a work day is the most expensive part of the process. The fee is under $100.00.
I asked for a second sheet of paper.
When I handed it back, the deputy gave me a sideways shift eyed look.
“There will be class time and costs associated with that as well...”
Not to mention “wait times” and “delays”. Sign up for a class and wait (classes are full for months out). Make an appt at the courthouse to submit your application with your completed class certificate...and wait because they’re booked into the future. Finally...stand in line at the courthouse, submit your paperwork (and fee)...and wait while the background check is done and they mail you your CCW license. Of course YMMV depending on your state/county and their system.
All told...took me 6 months from making the decision and getting the card in my hand. That was 12 years ago. No telling what it’s like now. The last renewal, a couple years back, I sent in my paperwork right on time. Got a letter from the local Sheriff’s dept saying they were WAY behind and my old license, although expired, would be legal until the renewed one arrived. I just couldn’t use it to buy a weapon without going thru NICS. That was OK because the wife had put down The Foot on weapons buying.
Didn’t see this before my longwinded reply above.
I’m moving to your state’m
That’s a plus here, for sure, but our votes for President and Senate didn’t count, and they are trying to kick our representative out of Congress. So there’s that.
“No class required here, just application, fee, and background check.”
Thanks.
I’m in Montana and we have the requirement.
Enjoy 2021!
I’m in Arizona and since Federal restrictions sometimes make it illegal to be carrying when you walk past a school and other bullshit like that, I got a permit so that I could carry more often as a retired person. Likewise, I travel by car all over the US and there are over half the states reciprocal with AZ.
Welcome to the club!
“Where is Texas? What is Abbott doing?”
For a while Texas Republicans had 2/3’s majorities in its House and Senate, and controlled all statewide offices.
Other than passing a law requiring sonograms prior to abortions, they accomplished next to nothing.
Reason: Texas Republicans, if anything, are worse than DC Republicans.
I do not recall they had 2/3's majorities. You are free to correct me, but I recall it was a bare majority. Texas legislatures only meet every other year.
A few RINOs joined with the Democrats to elect a RINO speaker, who then gave half of committee chairman positions to the Democrats.
Question: My state is shall issue so I have a concealed permit, and I have reciprocity to carry in about 35 other states. If I lived in a Constitutional carry state, how does obtaining a permit for the purpose of having reciprocity with other states work?
The same as always. All states who have restored Constitutional Carry have keep their shall issue permit systems for those who wish to obtain a permit for reciprocity and other advantages having a permit offers.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.