It could very well be a mixed blessing that this bill was killed. I looked over the bill online, and it appeared to me to be watered down, and probably do more harm than good.
One of the existing rules of self defense in Montana. If the laws are anything like in the State of Washington there are also additional laws that touch on self defense, justifiable homicide, etc. However, from what I can figure out, some of these laws, while still on the books, have been modified based on case law.
For example, in Washington state the law states that you can shoot someone to prevent a felony. Case law however says you can’t shoot somebody when they are “just” stealing your car.
Just like in the below law and the last sentence “to prevent a forcible felony”. To me that would be some guy grabbing me and tossing me out of my car and stealing it. But I’m guessing that case law probably doesn’t allow one to shoot the car-jacker as they are driving away. I suppose you could say he was driving the car right at a bunch of kids that he was going to run over.
45-3-102. Use of force in defense of person. A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary for self-defense or the defense of another against the other person’s imminent use of unlawful force. However, the person is justified in the use of force likely to cause death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony.