Just off the press

We lost the suppressor bill, HB 174, when the supermajority needed in the House on the vote to suspend the rules and accept a late bill from the Senate failed to achieve the required 67 votes. However, SB 124, which generally clarifies FWP-related laws clarifies that the prohibition on suppressors in the field or forest only applies “while hunting.” So, we got half a loaf for suppressors in SB 124.

Permitless carry, HB 271 finally passed the Senate on Third Reading and now goes to the Governor for his signature. When our large Self Defense Bill, HB 228, was introduced in the 2009 session, it contained a permitless carry provision. That provision was lost in the legislative process. When Governor Schweitzer signed HB 228 in 2009, he commented that he wished permitless carry was still in the bill. So, we’re hopeful that the Governor will sign HB 271 from this session.

That’s all for now. The Legislature is adjourned. I need wiskey, a three-day nap, and to go burn some powder.;

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

FLASH – permitless carry passes Senate 30-20

MSSA’s permitless carry bill, HB 271, has passed the Senate with a vote of 30-20. More properly said, the Senate has concurred in the conference committee report on HB 271 by a vote of 30-20.

The conference committee version only affects concealed carry INSIDE the city limits of an incorporated city or town. Concealed carry outside city limits (99.4% of Montana) has not required a permit since 1991. Open carry inside city limits has never required a permit in Montana.

The CC version of HB 271 allows a person to carry concealed (“wholly or partially covered by clothing or wearing apparel”) inside city limits if that person is eligible to possess a handgun under state or federal law.

The Senate must still approve adoption of the CC report with a Third Reading vote, either later today or tomorrow (last day of the session). I expect the vote for HB 271 to hold for Third Reading, but there are no guarantees. You can bet opponents will be trying for a Hail Mary effort to turn five Senate votes against HB 271 on Third Reading.

Once the Senate approves HB 271 on Third Reading, it will go to the Governor for his signature. Governor Schweitzer has opined before that he likes the concept, but who knows if that attitude continues.

In the 30-20 vote, all Republicans voted for HB 271, plus Democrats Gillan and Hamlett. If you can send messages to the Senate, you should thank those senators who supported HB 271 and urge them to continue their support on Third Reading.

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

Also permitless carry, HB 271, tomorrow

HB 174, suppressors, will be up tomorrow (Thursday) morning, I’m told, and not this afternoon. Get messages to senators per my previous email.

Also, I’m told that permitless carry, HB 271 will be up before the Senate tomorrow morning, finally. We want the Senate to accept the conference committee report on HB 271. Get messages to senators about that, too.

Thanks!!!

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

URGENT – Suppressor bill, HB 174

MSSA’s bill to repeal the archaic firearm suppressor law criminalizing possession of a suppressor in the “field or forest,” HB 174, was sprung from the Senate Judiciary Committee today on a “blast” motion, a motion to override an adverse committee report. Senator Chas Vincent made and defended the motion (thanks Chas!!)

All Democrats voted against the motion except for Senator Blewett (for), and all Republicans voted for the motion except for Senators Moore, Ripley and Tutvedt (they were against). The final vote was 26-24 – a squeaker.

HB 174 will be up for Second Reading maybe this afternoon (Wednesday) at 4:30, or maybe tomorrow (Thursday) morning. We need a landslide of messages to senators to support HB 174, but ESPECIALLY senators Moore, Ripley and Tutvedt. I suspect their problem is complaints from landowners regurgitating the FWP misinformation that HB 174 is the “poachers bill.”

There has never been a crime committed in the U.S. with a lawfully-owned suppressor, I’m told, since registration was first required in 1968. Supposing that HB 174 would turn lawful suppressor owners into poachers is as irrational as supposing the owner of a new Cadillac would use the Cadillac as the getaway car in a quick-stop robbery. Irrational!

Senator Moore is from Miles City and has an email of mail@senatorericmoore.com
Senator Tutbedt is from Kalispell and has an email of tutvedt@montanasky.us
Senator Ripley is from Wolf Creek and has no email

Voice messages may be phoned to 444-4800
Online messages may be sent from:
http://leg.mt.gov/css/sessions/62nd/legwebmessage.asp

We need LOTS of messages to senators SOONEST asking for support of HB 174.

Thanks!!!

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

Legislature back – update

The Legislature is back in session with five legislative days left. The Montana Legislature is limited to 90 working days, not counting weekends and various breaks. They’ve been taking a longish break while waiting to see what the Governor will do with the many bills on his desk.

Here’s the status report:

HB 159, to prohibit FWP from regulating ammo (i.e., FWP’s ill-considered proposal to ban lead shot for upland game bird hunting) has been approved by House and Senate and is on its way to the Governor.

HB 174, to repeal archaic firearm suppressor law is still stuck in the Senate Judiciary Committee. FWP stirred up ranchers on FWP’s Block Management program, telling them this is a “poacher’s bill,” and telling them that if HB 174 passes it will unleash a flood of poaching and FWP will be unable to help ranchers with the poaching problem. This is yet another verification that FWP considers itself to be the 800-pound gorilla and will lie, cheat and steal to get what it wants. Obstructing senators admit that FWP’s misinformation about suppressors is incorrect, but so far have refused to go against their FWP-misinformed rancher friends.

HB 271, permitless carry, is still waiting for Senate action on the conference committee report. Yes, it’s unusual that the Senate has deliberately delayed acting on HB 271 for so long. Hopefully soon.

SB 114, Sheriffs First, vetoed by Governor, who called it “frivolous.” Some interpret the Governor’s response to be because SB 114 was stripped down by Senator Shockley to have no teeth. Others opine that the Governor has little interest in challenging federal power, notwithstanding comments to the media to the contrary.

SB 135, to allow the use of dogs to track wounded game and to allow carrying firearms during such tracking, signed by the Governor.

SB 136, to allow a person born in Montana to come home to hunt with relatives for twice the cost of a resident license, returned to the Legislature with Governor’s proposed amendments to make the license half the cost of a non-resident license instead of twice the cost of a resident license – much more expensive. Follow sponsor Senator Joe Balyeat’s lead on this.

SB 173, to revise nuisance laws about shooting ranges, sent to the Governor. We’ve been keeping SB 173 low profile to not cause it to be controversial, but, without SB 173, shooting ranges are exposed to nuisance civil lawsuits over noise complaints.

SB 371, to encourage the manufacture of ammunition components in Montana. The Senate failed to accept House amendments to SB 371. We’ve asked for appointment of a conference committee to work out House/Senate differences to SB 371. A few Republican senators are very opposed to the tax breaks contained in SB 371. A conference committee will likely be appointed today.

SB 402, to provide for Spring wolf hunts, sent to Governor.

SB 414, wolf control act. Died on Third Reading in the House after a handful of supporting Representatives changed sides between Second Reading and Third Reading.

That’s it for now.

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

CWP gun safety class, May 29th, Missoula

Rescheduled from 5/14 because of classroom use conflict.

If you are waiting for my next CWP class, or if you’ve taken the class and may know someone who would like the class, the next one is scheduled for Sunday, May 29th in Missoula. See the announcement below:

Gun Safety for Personal Protection and
Concealed Weapon Permits Course
Sunday, May 29th

MISSOULA – A course entitled “Gun Safety for Personal Protection and Concealed Weapon Permits” will be hosted in Missoula by the Montana Shooting Sports Association on Sunday, May 29th.

This one-day course will focus on safe handling, storage and use of handguns suitable for personal protection, selecting a personal firearm, issues of personal protection, allowable use of lethal force, concealed weapon permits, kids and gun safety, and shooting skills, and will include both classroom and shooting range sessions.

Graduates will receive a credential qualifying them to apply for concealed weapon permits under Montana law. The class will begin at 9:00 AM, and finish about 4:00 PM.

Class size is limited to the first 20 registrants. Preregistration is required. Tuition is $100 per student. Students should be 16 years or older.

For further information or to register, call 549-1252.

To register by email, reply to this email and provide:
Name
U.S. Mail or residence address
Contact phone number

Expect an email confirmation of your class registration.

Further class instructions will be supplied by return email.

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

Gov. veto message, Sheriffs First

April 13, 2011

The Honorable Jim Peterson
President of the Senate
State Capitol
Helena, MT 59620

The Honorable Mike Milburn
Speaker of the House
State Capitol
Helena, MT 59620

Dear President Peterson and Speaker Milburn:

In accordance with the power vested in me as Governor by the Constitution and the laws of the State of Montana, I hereby veto Senate Bill No. 114 (SB 114), “AN ACT STATING THAT FEDERAL LAW ENFORCEMENT OFFICERS SHOULD COMMUNICATE WITH LOCAL SHERIFFS BEFORE TAKING OFFICIAL ACTION IN A COUNTY; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”

I issue this veto of SB 114 because the bill, by its terms, is unenforceable and therefore unnecessary. Communication between federal and state law enforcement officials is established when those law enforcement officials talk to each other. Communication is not established through passage of frivolous legislation.

I respectfully ask that you sustain my veto of SB 114.

Sincerely,

BRIAN SCHWEITZER
GOVERNOR

cc: Legislative Services Division

Home Stretch – final push needed

The Legislature will adjourn this coming week. We have several bills in some sort of limbo that need a final push. Here’s the wrap-up.

HB 271, permitless carry. Senate concurrence with the conference committee report will come before the Senate on Second Reading tomorrow (Monday). See my previous email about HB 271. All senators need to be urged to vote to accept the conference committee report on HB 271.

SB 371, ammunition component manufacture. SB 371 was amended in the House to restore two incentives for manufacturers that had been stripped in the Senate upon the motion of Senator Bob Lake and with the active support of Senator Bruce Tutvedt. When SB 371 came back to the Senate for acceptance of House amendments, the motion to accept failed by a vote of 20-30. Senators Lake, Tutvedt and Ryan Zinke spoke actively against accepting House amendments. MSSA grades and endorses candidates based on their answers to the questions on MSSA’s Candidate Questionnaire. On our 2010 CQ, Senators Bob Lake, Alan Olson, Chas Vincent and Ron Arthun all promised to support this bill, yet voted against in the 20-30 Senate vote to reject House amendments. See my previous email about an intended motion to reconsider the 20-30 vote tomorrow (Monday). The senators listed there need to be barraged with messages to support a motion to reconsider and accept House amendments to SB 371.

SB 414, wolf control. Up for Second Reading in the House tomorrow (Monday). The 68-32 previous reconsideration vote should hold on this, but then it will go to the Senate for acceptance of House amendments. That will be a hard sell in the Senate because of the recent action by Congress to delist wolves. The problem is that the congressional action doesn’t help us much because it requires 1) management for far more wolves than Montana can afford, and 2) because it relies on the existing Montana Wolf Management Plan which was written to satisfy the wolf game plan of the feds. Stay tuned.

HB 174, suppressors. This bill to repeal the archaic fish and game law that makes it illegal to possess a suppressor in the “field or forest” is stuck in the Senate Judiciary Committee, being held up by four Republicans, Senators Rowlie Hutton (Havre), Jeff Essman (Billings), Jim Peterson (Buffalo) and Terry Murphy (Cardwell). These senators oppose because of pressure from ranchers who call this the “poacher bill.” Ranchers oppose because FWP told them that if the bill passes it will open the floodgates of private property poaching and FWP will not be able to save them from this disaster. After they learned more about what suppressors don’t do, the Montana Stockgrowers Association notified Committee members that they no longer oppose the bill. So now the only opposition is from ranchers who were stirred up with misinformation by FWP. These four senators need to be barraged with requests to approve HB 174.

Phone messages to legislators: 444-4800
Online messages
Email addresses for most legislators.

That’s it folks. We have about three more days to get these bills passed. Thanks loads for your help.

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

Permitless carry – Senate – Monday

We are told that our Permitless Carry bill, HB 271 will be before the Montana Senate on Monday.

It has not been necessary to have a concealed weapon permit to carry concealed outside of cities in Montana (99.4% of Montana) for 20 years. There is no identifiable incidence of problems with this permitless carry in nearly all of Montana, nor is there a problem with currently-legal open carry inside cities.

HB 271 will make it essentially the same inside cities as it has successfully been outside cities for two decades.

HB 271 was amended by a joint House/Senate conference committee to allow in-city permitless concealed carry by anyone able to legally possess a handgun. The House approved the conference committee amendments. Now the Senate will consider the amended HB 271 on Monday.

Please urge your senator and any other senators you wish to support HB 271 when it comes before the full Senate for approval of the conference committee report.

Whenever we have sought to improve concealed carry laws, there have been dire, hypothetical predictions of disaster. In 1991 when we passed Montana’s current mandatory-issue law, opponents said the result would be “rivers of blood running in the streets” of Montana. Like all other such dire predictions, these turned out to be untrue. We don’t need to reach to hypotheticals to know what the outcome will be – we have actual, historical data. Vermont has never criminalized concealed carry and has less violent crime than nearly all other states. Alaska and Arizona passed permitless concealed carry laws and have experienced no problems. Hard data – not hypothetical.

I like to call the current status “coat control” inside cities. Open carry has always been legal there, but whether or not a person can don a coat that covers a gun inside a Montana city depends on having a CWP (coat permit). Hey, a lot of the year it’s cold in Montana. Why should we have coat control?

Contact senators and urge concurrence with the conference committee report on HB 271.

Thanks,

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

Move to reconsider SB 371 – ACTION NEEDED

The Senate failed to concur with House amendments to SB 371, our bill to encourage the manufacture of ammunition components in Montana. By a vote of 20-30, the Senate did not accept House Amendments.

We need to persuade senators to move and vote to reconsider and approve SB 371 TOMORROW (can’t be done later than tomorrow).

There are two major reasons for senators to support SB 371.

1) Jobs! If SB 371 causes business to start up in Montana making ammo components, that will create wage-earning, tax-paying jobs for Montana. If such businesses do or don’t start, the tax breaks in SB 371 will cost Montana ZERO LOST REVENUE since there are no such businesses in Montana now.

2) Freedom! Our RKBA is very at risk because of the narrow, monolithic supply chain for components, especially smokeless power. There are only two plants in the U.S. that make powder. All else is imported, imports that SoS Hillary Clinton could stop tomorrow with the stroke of her pen announcing a moratorium on such imports for “study.”

I’ll paste below the names of the Montana State senators who voted against SB 371 and who I think may be susceptible to persuasion to move and vote to reconsider. PLEASE GET MESSAGES TO THEM! ASK THEM TO RECONSIDER AND SUPPORT SB 371 TOMORROW.

Thanks loads,

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com
=========================
Senators voting AGAINST accepting House version of SB 371 who might be persuaded to switch

N Arthun, Ron
N Tropila, Mitch
N Tutvedt, Bruce
N Gallus, Steven
N Van Dyk, Kendall
N Mowbray, Carmine
N Vincent, Chas
N Vuckovich, Gene
N Olson, Alan
N Peterson, Jim
N Buttrey, Edward
N Keane, Jim
N Sonju, Jon
N Zinke, Ryan
N Steinbeisser, Donald

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