"Alaska Carry"


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    **** Bill No. ****
Introduced By *************
By Request of the *********


A Bill for an Act entitled: "An Act  redefining the offense of carrying a concealed weapon to add the requirement that it is carried just prior to using it to commit a criminal offense; amending sections 45-8-315 and 45-8-316, MCA; and repealing section 45-8-317, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 45-8-315, MCA, is amended to read:

"45-8-315.  Definition. "Concealed weapon" means any weapon mentioned in 45-8-316, through 45-8-318, and 45-8-321 through 45-8-328 that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon, except that for purposes of 45-8-321 through 45-8-328, concealed weapon means a handgun or a knife with a blade 4 or more inches in length that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon."


Section 2.  Section 45-8-316, MCA, is amended to read:

 "45-8-316.  Carrying concealed weapons. (1) Every A person who carries or bears concealed upon his the person just prior to using it to commit a criminal offense a dirk, dagger, pistol, revolver, slingshot, sword cane, billy, knuckles made of any metal or hard substance, knife having a blade 4 inches long or longer, razor, not including a safety razor, or other deadly weapon shall be punished by a fine not exceeding $500 or imprisonment in the county jail for a period not exceeding 6 months, or both.

(2)  A person who has previously been convicted of an offense, committed on a different occasion than the offense under this section, in this state or any other jurisdiction for which a sentence to a term of imprisonment in excess of 1 year could have been imposed and who carries or bears concealed upon his the person just prior to using it to commit a criminal offense any of the weapons described in subsection (1) shall be punished by a fine not exceeding $1,000 or imprisoned in the state prison for a period not exceeding 5 years, or both."

NEW SECTION.  Section 3.  {standard} Repealer. Section 45-8-317, MCA, is repealed.

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