Lawmakers compromise on gun 'brandishing' bill

HELENA – Lawmakers reached a compromise Tuesday on a controversial bill that seeks to broaden gun rights for Montanans.

House Bill 228, sponsored by Rep. Krayton Kerns, R-Laurel (pictured), asserts that Montanans have the right to defend themselves if threatened instead of retreating or calling the police. They would also have the right to brandish a weapon to ward off a potential assault.

The bill also says landlords or hotel owners cannot curb tenants' gun rights and it puts the burden of proof in self-defense shootings on the state instead of the shooter.

House and Senate members in a conference committee worked out their differences on the bill after the House rejected the Senate’s amendments last week.

The original bill gave all Montanans, with the exception of felons or those guilty of violent crimes, the right to carry a concealed weapon in town without a permit. The Senate removed that section of the bill, but compromised to allow concealed weapons in hospitals. The bill also says concealed weapons can not be worn in state or local government buildings, banks or their drive-up windows, or anywhere alcohol is served.

The bill has been a matter of contention between gun rights groups, such as the National Rifle Association, and law enforcement. Supporters have said the bill reinforces a constitutional right and protects Montanans who can’t always count on police to respond in time to volatile situations.

Opponents have worried that the bill will lead to more shootings.

The amended version of the bill still needs House and Senate approval before it can be signed into law by the governor.

- by CNS correspondent Molly Priddy