DRAFT
of a bill to shelter gun shows, shooting ranges and shooting matches
from liability, intended for the 2009 Montana Legislative session.
New Section 1. Title. Immunity of persons and organizations
involved in gun shows, shooting ranges and shooting matches.
New Section 2. Declaration of purpose. The legislature
declares that persons attending gun shows, shooting ranges and shooting
matches do so voluntarily and voluntarily accept whatever risk may be
associated with that attendance except for gross negligence by the
operators of those events.
New Section 3. Definitions.
1. A gun show is an organized and occasional community event,
open to the public for free or for a reasonable cost of admission, that
is advertised or known as a gun show, at which firearms are offered for
display, for sale or for trade, and at which those hosting the event
make reasonable efforts to assure that loaded firearms are not
displayed or handled. A gun show includes a flea market or street
sale at which firearms are present for display, sale or trade, but does
not include a commercial establishment that regularly sells or trades
firearms throughout the year.
2. A shooting range is a location designated for firing firearms that utilizes posted safety rules and procedures.
3. A shooting match is an organized contest or organized practice
among three or more persons using firearms, announced in advanced,
using announced safety rules, with one or more officials designated to
supervise safety practices, done in a location with the permission of
the property owner, and intended to test the skill of participants
using firearms.
4. For the purpose of [this section], a firearm activity includes a gun show, a shooting range or a shooting match.
New Section 4. Immunity of persons and organizations organizing a
firearm activity. A person or organization that organizes a firearms
activity, or a volunteer assisting with a firearm activity, and who is
not employed by a governmental entity is not liable for the conduct,
acts, or omissions of others handling firearms unless the person or
organization exhibits gross negligence giving rise to causation of the
damages.
New Section 5. Standard severability clause.
New Section 6. Immediate effective date.