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

Gun-rights legislation provokes a heated debate

HELENA – A Laurel Republican wants to remove the need to register concealed weapons in Montana cities or towns, a move opponents say creates a “shoot first” mentality.

“With respect to our freedom I do think this is the most critical bill of this session,” Rep. Krayton Kerns told a crowded hearing before the Senate Judiciary Committee today.

His House Bill 228 would allow concealed weapons in city limits without registration and would allow gun owners to brandish their weapons in harmless self-defense. This means owners could exhibit their guns or point them at something other than a person as a means of defense.

The bill also says Second Amendment rights apply to hotels, motels and apartments. Currently, landlords and hotels have the right to decide if guns are allowed on their premises.

Kerns said current concealed weapon qualifications would still apply, meaning felons could not carry a gun and concealed weapons would not be allowed in banks and government buildings.

“Wherever you can legally be, you can defend yourself,” Kerns said.

Supporters included gun organizations and individual citizens concerned about their safety.

Rep. Deborah Kottel, D-Great Falls, said the bill gives those accused of gun crimes due process because the state would have to disprove a suspect’s claims of self defense. Currently, the suspect has to prove that claim.

“It is time that Montana protects the right of the innocent,” Kottel said.

Kottel also supported the right of citizens to use force to detain someone after a citizen’s arrest has been made and to protect their neighbors.

“What strikes more terror in your heart: to know there’s a bad person on the loose or that your neighbor sat on the porch and watched while somebody hit you, raped you, injured your child?” Kottel asked. “That is what strikes fear into my heart.”

Brian Judy of the National Rifle Association said the bill enforces a citizen’s fundamental right to bear arms and to be considered innocent until proven guilty.

“This bill puts individual safety ahead of public safety,” Judy said.

He also said police usually aren’t available when citizens are attacked.

“When seconds count, police will be just minutes away,” Judy said. “If you’re in a lawful place that you have a right to be, you should be able to defend yourself.”

Rep. Wendy Warburton, R-Havre, said as a woman, she would like to be able to brandish a weapon to ward off potential attackers.

“If I’m walking down the street of Billings and car load of thugs pulls over, I want the right to be able to show them that I have a gun,” Warburton said.

But the opposition – mainly county attorneys, policies and sheriff’s deputies – warned HB 228 will only help criminals commit more crimes.

Gallatin County Sheriff Jim Cashell said the current concealed weapon laws works well enough and that Krayton’s bill endangers law enforcement.

“The reality is everybody’s a law abiding citizen until they’re not,” Cashell said. “It would apply to everyone, there are no exceptions. It applies to the gang-banger in Billings who may have a misdemeanor record, but he’s still entitled to carry a concealed weapon.”

Brian Black, an officer and firearms instructor for the Great Falls Police Department, said the bill is offensive to law enforcement.

“In the real world, this bill will not help the 99 percent of law abiding citizens in Montana,” Black said. “This heavily edited bill echoes of the ramblings of a radical extremist group, not the caring and contemplated thought of a sensible Legislature.”

Representative from the University System also opposed the bill, saying it would create a loophole to allow guns in dormitories and would hamper the safety of student communities.

Other opponents included the attorney general; sheriffs from Cascade and Madison counties; county attorneys from Missoula, Glacier and Gallatin counties; and the Montana Police Protective Association.

-by CNS correspondent Molly Priddy