Montana Governor signs Four Reforms of Law, to Protect Second Amendment Rights

Montana Governor Greg Gianforte

On April 26, 2023, Governor Gianforte (R) Montana, signed bills HB 356, SB 359, SB 400, and HB674 into law.  HB356, known as the FIND Act, prevents state agencies from doing business with  financial institutions which discriminate against the firearms industry.  SB 359 prevents financial institutions from requiring the use of firearms codes by retailers. SB 400 increases the term of a concealed carry permit from four to five years. SB 674 is a moderately complicated bill which sets up an enhanced Montana carry permit. It is designed to have meet the requirements for five states reciprocity requirements, but there is no guarantee those states will accept an enhanced Montana permit as adequate.

All of the bills were popular with the Montana legislature.  SB356 passed with 70% of the vote. SB 359 passed with nearly 3/4 of the vote.  SB400 pass with 7/8 of the vote.  SB 674 passed with about 90% of the vote.

SB 356 and SB 359  may have long term effects by creating incentives for banks not to include financial restrictions in private contracts where no such restrictions have passed the legislature. The plot to use private companies to restrict private actors is, essentially, a form of fascism, where governments work with large private institutions to do things the governments are normally forbidden from doing themselves.

SB 400 increases the term of the concealed carry permit from four to five years, which has become the de-facto national standard. This has occurred because the ATF will only allow permits to be used as a substitute for National Instant background Check System checks (NICS) if they are less than five years old. From the ATF:

Note: Notwithstanding the dates set forth below, permits qualify as alternatives to the background check requirements of the Brady law for no more than 5 years from the date of issuance. The permit must be valid under state law in order to qualify as a Brady alternative.

SB 674 has been touted by the NRA as creating a Montana permit which is eligible for reciprocity with five additional states. From the NRA-ILA:

The enhanced permit will be eligible for reciprocity with Delaware, Minnesota, New Mexico, South Carolina, and Washington,

While the permit may be eligible, it is up to those five states to recognize the Montana permit. Those states have often been reluctant to extend reciprocity. Minnesota has a reputation of the executive branch doing what it can to deny reciprocity, no matter what the Minnesota legislature does.

The Montana Shooting Sports Association (MSSF) has been a very effective activist group in Montana. Gary Marbut founded the group and has been a moving force in Second Amendment activism in Montana for decades. He and MSSF have accomplished wonderful things in Montana. If you are a Montana citizen or resident, the MSSA is the place to keep in the know about what is happening in Montana. If you want to see effective activism in action, MSSF is a great example of a group of dedicated people can accomplish. Montana may be small in population, but it is a big state in Second Amendment activism. Montana enacted a shall issue concealed carry bill in 1991. Montana always had a strong open carry presence. Montana joined the Constitutional or permitless carry club in 2021. --

 

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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Votes on HB674 in Montana Legislature

Text of HB674 

Must be a resident of Montana for at least six months. 

qualify in a shooting course within the past 12 months.

Only very explicit prohibitions on carry allowed, excellent.

"45-8-356. Where concealed weapon may be carried --exceptions. A person with a current and valid permit issued pursuant to 45-8-321 or [section 1] or recognized pursuant to 45-8-32 may not be prohibited or restricted from exercising that permit anywhere in the state, except:

(1) in a correctional, detention, or treatment facility operated by or contracted with the department of corrections or a secure treatment facility operated by the department of public health and human services;

(2) in a detention facility or secure area of a law enforcement facility owned and operated by a city or county;

(3) at or beyond a security screening checkpoint regulated by the transportation security administration in a publicly owned, commercial airport;

(4) in a building owned and occupied by the United States;

(5) on a military reservation owned and managed by the United States;

(6) on private property where the owner of the property or the person who possesses or is in control of the property, including a tenant or lessee of the property, expressly prohibits firearms;

(7) within a courtroom or an area of a courthouse in use by court personnel pursuant to an order of a justice of the peace or judge; or

(8)in a school building as determined by a school board pursuant to45-8-361."