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A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT A STATE GOVERNMENT
OFFICER OR AGENCY MAY NOT REGULATE OR INFRINGE UPON THE POSSESSION,
USE, OR TRANSFER OF FIREARMS BY ANY PERSON OR ENTITY WITHOUT EXPRESS
STATUTORY AUTHORITY OR UNLESS STATUTE SPECIFICALLY DELEGATES AUTHORITY
TO ADOPT ADMINISTRATIVE RULES REGULATING FIREARMS; AND PROVIDING AN
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1.
Restriction on state government regulation of use of firearms. (1) An
officer, department, board, or other agency or entity of state
government may not regulate or infringe upon the possession, use, or
transfer of firearms by any person or entity without express statutory
authority or unless a statute specifically delegates authority to adopt
administrative rules regulating firearms.
(2) Subsection (1) does not apply to the
regulation of state government employees authorized by their employer
to routinely carry and use firearms as a necessary part of their duties
in the scope and course of employment, including:
(a) highway patrol officers;
(b) game wardens;
(c) state prison employees;
(d) department of justice investigators; and
(e) the national guard.
NEW SECTION. Section 2.
Codification instruction. [Section 1] is intended to be codified as an
integral part of Title 45, chapter 8, part 3, and the provisions of
Title 45 apply to [section 1].
NEW SECTION. Section 3.
Applicability. [This act] applies to rules and policies adopted by
state government officers and agencies prior to [the effective date of
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