"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45-8-317, MCA, is repealed.
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