Report – HB 228; Senate Judiciary

In the Senate Judiciary Committee executive action on HB 228 this morning, we lost “Alaska carry” (concealed carry without permits inside city limits). All Committee Democrats voted for Senator Jent’s motion to strip Alaska carry from HB 228, as well as Republican Senators Perry and Esp. Brian Judy and I are now discussing whether or not it may be desirable or possible to attempt a recovery from this when HB 228 comes to the Senate floor on Second Reading on Wednesday (probably).

The Committee also failed to accept Senator Shockley’s Colorado-derived “make my day” language which would have lowered the bar for use of force inside a person’s dwelling. Thus, the rules for use of force now remain the same under HB 228 in a person’s home as they would be in any “occupied structure” under current law. Note: An occupied structure could be a quick stop or other place.

The Committee also accepted an amendment to extend the concealed carry prohibition which now includes bars, banks and public buildings, to hospitals and medical offices.

Preserved in the bill are the following: Shifting of burden of proof in self defense cases to require prosecutors to prove a defender not justified in using force in self defense instances; no duty to summon help or flee before defending; a revised defensive display allowance and definition including affirmative recognition of open carry; requiring investigators to collect evidence of legitimate self defense at a scene; the prohibition that firearms taken by law enforcement not be destroyed; and allowance for use of reasonable force to effect a citizen’s arrest.

Once we figure out what, if anything, we will do to try to recover from the loss of the Alaska carry provision, I’ll get out an alert about messages to all senators for Senate Second Reading on Wednesday.

Stay tuned ….

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