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Key Votes

HB 228 - Amending Concealed Weapons and Self-Defense Statutes - Key Vote

Montana Key Votes

Brian Schweitzer signed this Legislation.

Read statements Brian Schweitzer made in this general time period.

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Issues

Stage Details

Legislation - Signed (Executive) -

Title: Amending Concealed Weapons and Self-Defense Statutes

Legislation - Conference Report Adopted (House) (85-14) - (Key vote)

Title: Amending Concealed Weapons and Self-Defense Statutes

Vote Smart's Synopsis:

Vote to adopt a conference report that amends the Concealed Weapons and Self-Defense statutes.

Highlights:
-Specifies that issuance of a concealed weapons' permit will not be granted to anyone convicted of a crime punishable by 1 year or more of incarceration or, regardless of the sentence that may be imposed, a crime that includes as an element of the crime an act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, sexual intercourse or contact without consent (Sec. 7). -Specifies that anyone convicted of a felony that does not include as an element of the crime an act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse or sexual intercourse or contact without consent, is entitled to issuance of a concealed weapons permit if otherwise eligible (Sec. 7). -Authorizes, in case of an arrest by a private person, the private person to use reasonable force to detain the arrested person (Sec. 8).
Legislation - Conference Report Adopted (Senate) (40-10) - (Key vote)

Title: Amending Concealed Weapons and Self-Defense Statutes

Vote Smart's Synopsis:

Vote to adopt a conference report that amends the Concealed Weapons and Self-Defense statutes.

Highlights:
-Specifies that issuance of a concealed weapons' permit will not be granted to anyone convicted of a crime punishable by 1 year or more of incarceration or, regardless of the sentence that may be imposed, a crime that includes as an element of the crime an act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, sexual intercourse or contact without consent (Sec. 7). -Specifies that anyone convicted of a felony that does not include as an element of the crime an act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse or sexual intercourse or contact without consent, is entitled to issuance of a concealed weapons permit if otherwise eligible (Sec. 7). -Authorizes, in case of an arrest by a private person, the private person to use reasonable force to detain the arrested person (Sec. 8).
Legislation - Nonconcurrence Vote Passed (House) (73-27) -
Legislation - Bill Passed With Amendment (Senate) (40-10) -
Legislation - Bill Passed (House) (60-40) - (Key vote)

Title: Amending Concealed Weapons and Self-Defense Statutes

Vote Smart's Synopsis:

Vote to pass a bill that allows concealed firearms to be carried within city limits without a permit to carry a concealed weapon, establishes the legal justification for the defensive display of a firearm, and issues other amendments to self-defense and firearms statutes.

Highlights:
-Amends the concealed weapons law to make carrying a concealed weapon punishable only if used to commit a criminal offense (Sec. 8). -Authorizes individuals who are threatened with bodily injury or loss of life to act in self-defense without first retreating from the threat or summoning law enforcement assistance (Sec. 2). -Authorizes individuals to display a firearm for harmless defensive purposes without justification, which includes, but is not limited to, the following (Sec. 3):
    -Openly wearing, carrying, or possessing a firearm; -Verbally informing another that one possesses a firearm; and -Holding a firearm in a position so that the firearm does not point directly at another person.
-Specifies that the legal right to the defensive display of a firearm as listed above does not permit the following (Sec. 3):
    -Intentionally or recklessly pointing a firearm directly at another person or sweeping another person with the muzzle of a firearm; -Intentionally discharging a firearm in the direction of another person; -Deliberately provoking another person into threatening words or actions when possessing a firearm; -Negligently or purposefully threatening a peace officer with a firearm; -Displaying a firearm during the act of a forcible felony; or -Displaying a firearm as part of criminal street gang activity.
-Prohibits landlords or hotel/motel operators from preventing a tenant or guest of a tenant from possessing a firearm on the premises if it is legal for that person to possess the firearm, but allows landlords or operators to prohibit the discharge of a firearm on the premises, except in cases of self-defense (Sec. 6). -Authorizes individuals to use reasonable force to detain a private person (citizens arrest) when there is probable cause to believe that the person is committing or has committed an offense and immediate detention is necessary (Sec. 9).
Legislation - Introduced (House) -

Title: Amending Concealed Weapons and Self-Defense Statutes

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