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MONTANA SHOOTING SPORTS ASSOCIATION
2009 LEGISLATIVE ISSUES
2008 LEGISLATIVE CANDIDATE QUESTIONNAIRE
(E-mail version)
Instructions: To respond to this electronic version of the MSSA
CQ, just copy this material and paste it into an email in your email
software, then fill in the answers below, and then "Send" the email to
MSSA at mssa@mtssa.org. Or, download one of the two versions of
the Questionnaire linked above, print it out, complete the
Questionnaire and mail it to MSSA at P.O. Box 4924, Missoula, Montana
59808.
Please insert an "X" in the spot "( )" for the one response for each question that best describes your position on each issue.
1. "Gun-free" or "helpless victim" zones.
National experience teaches us that emotionally-inspired "gun-free"
zones are only gun-free for victims, and actually reduce safety for
people in such zones. Police never arrive in a gun-free zone in
time to save those who die. Such are the lessons from Virginia
Tech and Northern Illinois University. If a madman runs amok in
his selected, crowded place, the presence of a person exercising a
concealed weapon permit can save many lives. This is the lesson
from the Colorado Springs church attack and the Utah mall attack.
Montana artificially creates places of high risk by declaring them to
be "gun-free" zones, but gun-free for victims only because madmen and
criminals don't obey the law. MSSA proposes to correct this
mistake and cure problems in Montana law by dramatically reducing the
places where qualified Montana citizens are not allowed to exercise a
concealed weapon permit.
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
2. Liability for gun shows, shooting ranges and shooting matches.
Each year it becomes more difficult to find insurance companies that
even write liability policies for gun shows, shooting ranges and
shooting matches, and the expense of such insurance is skyrocketing,
all notwithstanding low risk and minimal history of claims for this
type of insurance. Montana has enacted law exempting firearm
instructors from liability except for gross negligence, for exactly
these reasons. To keep these activities alive in Montana, MSSA
proposes legislation exempting gun shows, shooting ranges and shooting
matches from liability except for gross negligence and declaring that
people involved in these recreational activities do so voluntarily and
at their own risk. A draft of this bill may be reviewed at:
https://progunleaders.org/Liability/
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
3. Montana-made firearms.
Nearly all federal regulation of firearm manufacture and transfer is
accomplished under the guise of authority in the U.S. Constitution for
Congress to regulate interstate commerce (the "commerce clause").
MSSA will advance a bill to declare that any firearms made in Montana
and retained in Montana are simply not subject to federal regulation
under commerce clause authority. Any firearms made under this
exemption would have "Made in Montana" stamped into the metal of the
receiver, and would lose this protection anywhere outside
Montana. This bill was introduced in 2007 as HB 420, and may be
viewed at:
http://data.opi.mt.gov/bills/2007/billhtml/HB0420.htm
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
4. Supporting self defense.
There is a serious problem for gun owners in other states that is
beginning to creep into Montana. When a person uses a firearm in
self defense, that person is increasingly likely to face one or more
criminal charges as a result.
Possession of firearms for self defense is guaranteed by the Montana
Constitution. MSSA will advance a bill to tweak Montana law in a number
of respects to clarify the ability of Montanans to possess and use
firearms properly for self defense without fear of criminal
prosecution. This bill will have a number of sections, each of
which will be described separately below (A - K). Not included
here is a general declaration of legislative intent, including that
self-defense is not a crime.
A. No duty to summon help or flee.
This section declares what is a cultural norm in Montana now, but which
is not currently expressed in law. That is, a person confronted
with the need to defend himself or herself has no legal duty to first
summon law enforcement assistance, or to either retreat or flee, before
defending himself or herself.
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
B. Defensive or harmless display of a firearm not a crime.
Some states have laws defining as a criminal offense something called
"brandishing" a firearm. We wish to clarify this topic in Montana
law. This section says that no person who displays or shows a
firearm for a defensive purpose may be held accountable for a criminal
act. This section defines what constitutes simple display of a
firearm, or display for a defensive purpose. It also defines what
display would require justification for use of lethal force already
defined in Montana criminal law, such as pointing a firearm at another
person.
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
C. Citizen use of force to detain another.
Currently, Montana law does not clearly authorize a Montana citizen to
use any level of force to detain another person believed to have
committed a crime. This section says that a person may use
reasonable force to detain a person believed to have committed a crime,
but that lethal force may only be used under the criteria already
established in Montana criminal law (to defend oneself).
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
D. Court or jury may award legal costs for charges dismissed or exonerated.
Some prosecutors charge multiple criminal charges for one incident,
hoping to leverage a quick plea bargain with the threat of excessive
defense costs for the accused to defend against the multiple
charges. Such overcharging does not serve the cause of
justice. This section says that if, in a self defense situation,
any of the charges filed are dropped or dismissed, or if the accused is
exonerated for any of the charges, either the judge or the jury may
award defense costs attributable to the charges dropped, dismissed, or
for which the accused is exonerated. This is intended to level
the playing field, and, hopefully, persuade prosecutors to file only
those charges that they really believe they can prove.
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
E. Landlords and hotels may not ban firearms.
A non-resident owner of Montana apartment buildings posted a sign
banning firearms from the premises. While the Montana
Constitution says that the right to keep firearms for self protection
"may not be called into question", there is no Montana statute
addressing this specific issue. Some say that a property owner
has a property right to ban firearms from rental properties. The
counter-argument is that a person's home is considered to be his
castle. Therefore, when a person rents a room or an apartment, it
becomes his castle. Under those conditions the owner transfers
much of his property rights to the renter, and the landlord may not
prevent a renter from exercising a constitutional right. For
instance, landlords may not bar a renter from religious exercise.
This section says that landlords and hotels may not prohibit renters
from possessing firearms.
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
F. Custody or seizure of a firearm - mandatory return.
Another area where Montana law is silent concerns when and for how long
police may seize firearms. This section clarifies that when a
firearm is used in a self defense situation, police may take the
firearm used into temporary custody for the safety of persons at the
scene, may keep the firearm longer if the person is arrested, and may
keep the firearm longer yet if the person is charged with a crime, but
must give the person a receipt for the firearm taken, and must return
the firearm to the person from whom it was taken or the rightful owner,
unless the person is convicted of a crime for which the firearm was
used. While there is legitimate discussion about what timelines
are proper, it is our position that certain timelines should be
expressed in law and that receipts be given for firearms seized for
longer than a specified time.
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
G. Investigation to disclose self defense.
Sometimes when investigations are performed at the scene of a
self-defense incident, the investigation is focused primarily on
discovering evidence that a crime was committed. This section
requires that any investigation of an incident where self-defense is
apparent or claimed must also focus on gathering evidence that would
disclose valid self-defense.
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
H. Firearms not to be destroyed.
In some places in the U.S., it has become standard police practice to
destroy any firearms that come into police custody, unless they are
needed for evidence, even if they may have been lawfully possessed by
the person from whom they were taken. This section says that if a
firearm taken into custody is not needed for evidence in a pending
criminal action, it must be returned to the owner, or, if the owner
cannot be found, it must be sold into the marketplace to an eligible
buyer such as a licensed firearm dealer, if that can be done, rather
than being destroyed. The sale proceeds would go to the general
fund of the entity overseeing the law enforcement agency.
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
I. Concealed weapon permit holders exempt from prohibited places.
This section would exempt people who have applied for and obtained
concealed weapon permits from the prohibition on exercising their
permits in the "prohibited places" currently in Montana law.
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
J. Mandatory probable cause hearing for self defense cases.
Under current law and practice, a person who has defended himself or
herself with a firearm may be far into the legal expense of a criminal
defense before there is ever an opportunity for the accused to
challenge the probable cause upon which the permission for prosecution
is granted by a judge. This section would require that if self
defense is apparent or claimed, the prosecutor will not be allowed to
file criminal charges until the court has held a hearing concerning the
probable cause that is the basis for the criminal charge, a hearing at
which the accused may contest the probable cause argued by the
prosecution. Such a hearing would save money for the justice
system where the probable cause might later be found to be insufficient
for prosecution.
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
K. Concealed weapon permits.
For 17 years Montana has conducted an experiment whereby a person must
have a concealed weapon permit to carry a firearm under their clothing
legally inside city limits, but not outside the limits of an
incorporated city or town (99.4% of Montana). A successful
experiment, this one has demonstrated that there is essentially zero
incidence of normally law abiding people getting into trouble when
carrying concealed firearms outside cities. In order to harmonize
the remaining 6/10ths of 1% with the rest of Montana, we propose to
change the law to make carrying a concealed firearm illegal only when
the person uses it to commit a crime. This would make it so a
permit is not required to carry a concealed firearm anywhere in Montana
(except for "prohibited places"), but that permits are still available
for those who wish to have them for out-of-state travel and purchases
of firearms under the Brady law.
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
5. Shooting range funding.
Montana began using some hunter license money to make matching grants
to develop shooting ranges in 1989. The program to build safe and
suitable places for Montana people to shoot was put into state law in
1999, as the Shooting Range Development Program (SRDP). The funds
for this program are approved each legislative session in the
appropriations process for the Department of Fish, Wildlife and Parks
budget. There are no general tax revenues used for this program,
only money hunters pay for licenses. The 2007 Legislature
appropriated $1,000,000 for the SRDP.
About application of SRDP funds by FWP, Montana law at 87-1-279, MCA,
says: "Program rules. (3) The department shall make every effort to
expend or obligate funds for shooting range improvement grants within
the year for which they are appropriated."
In June of 2007, FWP sent a letter to eligible shooting clubs
saying: "FWP will have to monitor income and expenditures
throughout the coming fiscal year (July 1, 2007 through June 30, 2008)
before making a final decision on whether to spend the additional
$550,000 authorized. So what does this mean? FWP will
continue to accept grant proposals until May 1, 2008. At that time FWP
will make a decision whether or not to award additional grants."
(Emphasis added)
FWP is saying that it is prepared to violate Montana law in order to
chill the grant application process - that clubs may go to the
considerable trouble to prepare grant applications only to learn in
June of 2008 that FWP has decided (illegally) to NOT spend the money
the Legislature appropriated for shooting ranges. If FWP can
dissuade clubs from preparing applications, FWP can then tell the
Legislature in 2009 that it simply didn't receive enough applications
to utilize the funds appropriated in 2007.
We are asking that $1,000,000 be appropriated to the SRDP again in the
2009 legislative session, regardless of how successfully FWP has
chilled the shooting range grant application process.
I would:
( )Sponsor
( )Cosponsor
( )Support
( )Be Neutral
( )Oppose
The foregoing responses are actually my positions on these issues, to the best of my knowledge and at this time.
Candidate Signature (we accept an electronic signature)
Date:
Office sought:
Thank you for being willing to serve your community and state in public
office, and thank you very much for helping to provide us information
about your views on issues related to firearms and hunting.
Please return questionnaire bi email to mssa@mtssa.org, or by U.S. Mail to MSSA, P.O. Box 4924, Missoula, Montana 59808.