MT: MSSA Succeeds in Urban Transit Removing Unconstitutional Ban on Weapons

 

Gary Marbut and the Montana Shooting Sports Association (MSSA) have scored another victory in restoring the right to keep and bear arms in Montana.  The Montana Urban Transportation District (MUTD) has removed their ban on the carry or transport of weapons on the vehicles of the Mountain Line in Missoula.  Gary Marbut is the right to keep and bear arms guru in Montana. He is responsible for writing and passing most of the Montana gun laws. Those laws have done a great deal to restore the right to keep and bear arms (RKBA).

In 2016, MSSA requested MUTD remove its unconstitutional policy banning weapons from its buses. In January of 2016, MUTD counsel claimed the policy was legal and desirable. Counsel recommended MUTD keep the policy. Seven years later, on February 27, 2023, Gary Marbut wrote to MUTD, stating the MSSA would no longer tolerate their unconstitutional policies. From progunleaders.org:

MUDT articulates the policy that, "The following items are prohibited on Mountain Line:" "Firearms, BB guns, air guns, knives."

The purpose of this communication is to inform you that this policy violates both the Montana and U.S. constitutions, and that MUTD lacks the authority under Montana law to adopt, articulate, or enforce such a policy.  We respectfully request that you remove this policy from whatever policy set MUTD has adopted, remove this policy from the MUDT Website, cease enforcing this policy, and conduct whatever training may be necessary to insure that MUDT staff understand the de-adoption and enforcement termination of this policy.

Much had happened in seven years.  On November 3, 2020, the voters approved of  legislative initiative  LR-130. LR-130 amended the Montana Code Annotated Section 7-1-111. The changes removed all power of local governments that applies to or affects the right to keep and bear arms. The statue went into effect on January 1, 2021.  In 2023, the Montana Legislature passed HB 631, which states plaintiffs who are successful in their lawsuits to protect the right to keep and bear arms, shall be awarded reasonable attorney fees and costs:

(3)        A person who prevails on a claim to enforce the person's rights under Article II, section 12, of the Montana constitution or [sections 1 through 3] must be awarded reasonable attorney fees and costs.

In response to the threat of lawsuit, the MUTD reversed their long-held, unconstitutional policies. From nbcmontana.com:

The August message from the Montana Shooting Sports Association that laid out plans for an Oct. 2 lawsuit cited House Bill 631. The law was passed last legislative session and says “The right to bear arms may not be restricted by the state unless a compelling state interest exists.” The law goes into effect Sunday.

Mountain Line's new policy will allow passengers who are legally allowed to carry weapons to do so on their buses. The weapons are still prohibited from the bus line’s buildings.

The former rules prohibited firearms and knives completely.

The reversal of MUTD policy is the latest of numerous successes Gary Marbut and the MSSA have had over the last three decades.

Lawsuits in Illinois and Washington, D.C. are in progress to restore the ability to keep and bear arms on public and mass transit systems. The Bruen decision at the Supreme Court is likely to be pivotal in these efforts. --

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

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