Changes to gun "brandishing" bill win approval

HELENA – The state House and Senate gave final approval today to a compromise bill that seeks to expand Montanans’ gun rights.

House Bill 228, sponsored by Rep. Krayton Kerns, R-Laurel, 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 medical facilities.

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 House voted 80-20 for the amendments, and the Senate voted 40-10.

Kerns said there has never been a law against bringing a licensed gun into a hospital and this bill should not create one.

“We’ve existed all this time without prohibiting that,” Kerns said, adding that he was happy that 90 percent of his original bill still remained in tact.

In the Senate, bill supporters said it is necessary to guarantee gun rights in Montana now.

“The reason the bill is here in the first place is the Second Amendment’s under threat nationally,” said Sen. Gary Perry, R-Manhattan.

Sen. Dan McGee, R-Laurel, said Montanans need the chance to protect themselves and their families from threats.

“There are bad people in the world and they do bad things,” McGee said. “The police are not at your side.”

-by CNS correspondent Molly Priddy