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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 APPLICABILITY DATE."

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 this act].

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