Author Topic: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places  (Read 5692 times)

41magsnub

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http://laws.leg.mt.gov/laws11/LAW0203W$BSRV.ActionQuery?P_BLTP_BILL_TYP_CD=HB&P_BILL_NO=384&P_BILL_DFT_NO=&P_CHPT_NO=&Z_ACTION=Find&P_SBJ_DESCR=&P_SBJT_SBJ_CD=&P_LST_NM1=&P_ENTY_ID_SEQ=

This bill passed committee and is going to the floor.

Currently a CCW carrier is not allowed in a pretty standard list of prohibited places such as banks and bars while carrying.  HB384 would lift that restriction for cops (presumably when they are in street clothes off duty).

On one hand, I like any sort of loosening of firearm laws.  On the other hand, I REALLY dislike treating cops any different than Joe Blow's like me.  Not that it is going to matter what I think since my Rep is Sue Malek who has never seen a gun control law she didn't like.

There is another bill that I really like though, that one dumps the MT Law prohibiting the carry of suppressors when hunting.  The wording in the bill sucks and I'm not totally clear if it actually refers to the use of said suppressor to take a game animal or not.  Folks say it does but it does not go out and explicitly say that.  Either way it is a good step.
« Last Edit: February 07, 2011, 11:30:48 PM by 41magsnub »

zahc

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #1 on: February 07, 2011, 08:23:45 PM »
Put me in the "all animals should be equal" category. Police officers are civilians and the law should apply to them the same as everyone else. I guess I'm old fashioned that way.
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cassandra and sara's daddy

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #2 on: February 07, 2011, 11:28:17 PM »
as a survivor of police week in dc i think first law is a mistake
It is much more powerful to seek Truth for one's self.  Seeing and hearing that others seem to have found it can be a motivation.  With me, I was drawn because of much error and bad judgment on my part. Confronting one's own errors and bad judgment is a very life altering situation.  Confronting the errors and bad judgment of others is usually hypocrisy.


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roo_ster

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #3 on: February 08, 2011, 12:05:10 AM »
Put me in the "all animals should be equal" category. Police officers are civilians and the law should apply to them the same as everyone else. I guess I'm old fashioned that way.

Yep.
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Perd Hapley

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #4 on: February 08, 2011, 12:17:32 AM »
Put me in the "all animals should be equal" category. Police officers are civilians and the law should apply to them the same as everyone else. I guess I'm old fashioned that way.

I also kick it old school.
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SADShooter

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #5 on: February 08, 2011, 09:58:50 AM »
I'd be OK with this IF:

The law also stipulates that your LEO status is a 24/7/365 condition. That is, you are expected to maintain an on-duty status at all times. In that scenario, being armed/equipped everywhere you go makes sense. It also means never doing anything to impair yourself or make yourself unavailable to respond to an incident. Since that will never happen, I'm on board with the citizen equality argument.
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Jamisjockey

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #6 on: February 08, 2011, 10:42:27 AM »
I'd be OK with this IF:

The law also stipulates that your LEO status is a 24/7/365 condition. That is, you are expected to maintain an on-duty status at all times. In that scenario, being armed/equipped everywhere you go makes sense. It also means never doing anything to impair yourself or make yourself unavailable to respond to an incident. Since that will never happen, I'm on board with the citizen equality argument.

IMHO, those laws are a major part of the problem.  Giving LEO's off duty status exempts them from being one of us
JD

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AZRedhawk44

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #7 on: February 08, 2011, 01:56:19 PM »
 [barf]

Count me in as another that doesn't like some pigs being more equal than others.  Montana has been doing so well for the last few years with 10th Amendment issues, gun rights and privacy rights.  I'd hate to see them backslide with something like this.

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PTK

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #8 on: February 09, 2011, 01:21:32 PM »
I don't see how this is going through here in MT. Not exactly our flavor of regular business...
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Tallpine

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #9 on: February 10, 2011, 10:33:35 AM »
And "constitutional carry" didn't make it out of committee  :mad:

Well, I hope everyone likes seeing a big single action on my hip downtown  :P
Freedom is a heavy load, a great and strange burden for the spirit to undertake. It is not easy. It is not a gift given, but a choice made, and the choice may be a hard one. The road goes upward toward the light; but the laden traveller may never reach the end of it.  - Ursula Le Guin

41magsnub

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #10 on: February 10, 2011, 10:34:19 AM »
Yeah I saw that..  lame...  very lame.

Pat McCoy

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #11 on: February 10, 2011, 09:47:30 PM »
The bill applies to all CCW permittees, as well as off duty police officers.

PTK

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #12 on: February 10, 2011, 09:49:56 PM »
The bill applies to all CCW permittees, as well as off duty police officers.

Indeed it will, but.... I rather dislike the special class of civvies.
"Only lucky people grow old." - Frederick L.
September 1915 - August 2008

"If you really do have cancer "this time", then this is your own fault. Like the little boy who cried wolf."

41magsnub

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #13 on: February 10, 2011, 09:59:50 PM »
wait..  did I totally misread that?  I like it then.  I still don't like the Peace Officer part.

PTK

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #14 on: February 10, 2011, 10:01:03 PM »
Yeah, it does say all CCW holders are good to go in terms of prohibited places, but still makes special exemption for LEOs. :(
"Only lucky people grow old." - Frederick L.
September 1915 - August 2008

"If you really do have cancer "this time", then this is your own fault. Like the little boy who cried wolf."

41magsnub

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #15 on: February 10, 2011, 10:02:18 PM »
I swear line 2 was totally different when I read it 2 days ago!

PTK

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #16 on: February 10, 2011, 10:03:35 PM »
It may have been, for all we know this moment. ;)
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AZRedhawk44

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #17 on: February 11, 2011, 11:12:21 AM »
Yeah, it does say all CCW holders are good to go in terms of prohibited places, but still makes special exemption for LEOs. :(

What "prohibited" places?

Are CCW holders afforded the same "good person" standard as LEOs when it comes to court houses, police stations, schools and similar places?  If so, that's awesome.  I support that.

But, if we're just talking about bars and banks... meh.  Not impressed.  AZ has that, already.  Constitutional Carry for all, except for a handful of non-governmental restricted places for the lay folks (bars, predominantly).  CCW holders can carry in bars as long as the bar is not posted with a specific signage and they don't drink.  75% of bars seem to be posted.  And I like a beer when I go into a bar anyways, so it's all moot.

"But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist."
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PTK

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #18 on: February 11, 2011, 11:15:53 AM »
Yes, bars, banks, etc. The ONLY places we won't be able to carry are governmental offices, both State and Federal - IF that goes through.

Well, actually, the only place that CCW holders won't be able to carry are blah blah blah.... I rather dislike the entire idea of a permit system.
"Only lucky people grow old." - Frederick L.
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"If you really do have cancer "this time", then this is your own fault. Like the little boy who cried wolf."

Tallpine

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #19 on: February 12, 2011, 02:12:26 PM »
I'm still confused about whether or not we can open carry in bars and banks ...   =|
Freedom is a heavy load, a great and strange burden for the spirit to undertake. It is not easy. It is not a gift given, but a choice made, and the choice may be a hard one. The road goes upward toward the light; but the laden traveller may never reach the end of it.  - Ursula Le Guin

PTK

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Re: Montana House Bill to Exempt Peace Officers from CCW Prohibited Places
« Reply #20 on: February 12, 2011, 03:03:47 PM »
I wrote a letter, sent it to the local sheriff, and never received a response. The local PD said there's nothing against it but don't try it before asking the sheriff. He never responded.

So far as the law states, there is nothing against open carry in prohibited places (on a state level, obviously the PO and such are still a no-go) that I, nor my lawyer, can find. After previous OC incidents, I won't be testing it, though.
"Only lucky people grow old." - Frederick L.
September 1915 - August 2008

"If you really do have cancer "this time", then this is your own fault. Like the little boy who cried wolf."