MONTANA SHOOTING SPORTS
ASSOCIATION
2013 LEGISLATIVE ISSUES
2012 GOVERNOR CANDIDATE QUESTIONNAIRE
(Return by March 20, 2012)
Please check the response that best describes your position
on each issue.
1. Harmonizing concealed
weapon permit (CWP) requirements. Since 1991, a
CWP has not been required for a law-abiding person to carry a
concealed weapon in 99.4% of Montana - outside the limits of
cities or towns. With over a decade of experience that not
requiring CWPs for nearly all of Montana has not created any
problems, we propose a bill to harmonize the law so a permit
will no longer be required for a law abiding person to carry a
concealed weapon in the remaining small part of Montana, inside
cities and towns. We intend to leave the permitting
process in place, so citizens who desire them may still obtain
CWPs for travel to other states that recognize Montana CWPs, and
for firearm purchases at gun stores under the federal Brady
Law. This change would exclude criminals from
applicability - it would still be illegal for criminals to carry
concealed weapons. It would also close a dump truck-sized
loophole in existing law that allows people to carry firearms
openly in the "prohibited places" of bars, banks and public
buildings, but would exempt law enforcement personnel and actual
CWP-holders from "prohibited places" restrictions.
DRAFT bill
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
2. Smokeless powder and
primer production. There is a serious threat to
our right to bear arms because of narrow, monolithic and
federally-controlled manufacture of essential ammunition
components, smokeless powder (propellant), primers and cartridge
brass. For example, there are only two manufacturers of
smokeless powder in the U.S., one plant owned by defense
contractor General Dynamics and another owned by defense
contractor Alliant Systems (ATK). All other smokeless
powder used in the U.S. is imported, and subject to immediate
and arbitrary import restrictions. And, General Dynamics
and Alliant Systems are subject to a standard condition of
military contracts that 100% of their production may be
commandeered for military use at any time. Without
ammunition, our firearms and our right to bear ammunition are
worth nothing. We propose certain incentives to encourage
small-scale production of ammunition components in
Montana. That model includes offering liability protection
to future producers, providing that such producers qualify for
existing state assistance with financing, and will include a
20-year tax amnesty from start of business, which would give up
zero current tax income to the state but would provide jobs for
Montana.
http://data.opi.mt.gov/bills/2011/sb0399/SB0371_1.pdf
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
3. 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 the money
hunters pay for licenses. The 2007 Legislature
appropriated $1,000,000 for the SRDP. $600,000 was
appropriated in 2009, and about $650,000 in 2011. We ask
that $1,000,000 be appropriated to the SRDP in the 2013
legislative session, regardless of any FWP opposition to that
level of funding.
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
4. Overreaction to firearms
locked in student vehicles in school parking lots.
An underreported tragedy in Montana is the number of students
who have been disciplined, many expelled, for forgetting that
their hunting rifle was locked in their vehicle, usually from a
weekend hunt. When such a condition occurs in a school
parking lot, ill-informed administrators universally tell
reviewing school boards that they have no choice but to expel
offending students because of compelling federal law.
However, unknown to these poorly-informed (or perhaps over-paid)
administrators, federal law on the subject specifically excludes
from consideration any firearm locked in a vehicle in a school
parking lot. About 450 Montana high school students have
been expelled, and had their academic aspirations ruined for
life, over this issue. We propose a bill to clarify for
uninformed administrators and misinformed school boards that
firearms locked in a student vehicle does not mandate
expulsion. This bill would NOT deprive school boards of
tools to deal with genuine safety problems, but would clarify
that firearms locked in vehicles do not MANDATE student
expulsion.
http://data.opi.mt.gov/bills/2011/billhtml/HB0558.htm
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
5. Allow safe travel to
work and employee property right inside private vehicles.
Employees have a property right to what they choose to carry in
their vehicles, whether Bibles, newspapers, or firearms.
Employees also have a constitutional right to be equipped to
provide for their own personal protection when traveling to and
from work. However, many private employers have made it a
termination offense for an employee to have a firearm locked in
the employee's vehicle if that vehicle is parked in a company
parking lot. Such employers assume no responsibility for
employee safety during travel to and from work. We propose
that employers be prohibited from firing employees only because
that employee has a firearm locked in a privately owned vehicle
in a company parking lot. This bill would require that any
such firearms also be out of sight from outside the vehicle.
DRAFT bill
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
6. Self defense legal
costs. A few prosecutors use the tactic of
"throwing the book" at persons accused in order to make legal
defense costs so unaffordable that the accused has no choice but
to plead guilty to some prosecutor-approved charges. We
propose that, in cases where self defense is alleged,
prosecutors must pay the legal defense costs associated with any
charges that are dropped, dismissed, or for which the accused is
found not guilty.
http://data.opi.mt.gov/bills/2011/billhtml/HB0355.htm
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
7. Disorderly conduct -
fixing bad law. The existing disorderly conduct
statute in Montana is badly written because it makes it a
potential crime for a person to discharge a firearm, except at
an established shooting range. While inappropriate
prosecutions under this existing law have not been a problem in
Montana, it is susceptible to abuse and should be
repaired. Besides, a person could lose their
constitutional right to keep and bear arms for life if convicted
of this perceived "gun crime." This bill would simply
strike the offense of firing firearms from the disorderly
conduct statute.
http://data.opi.mt.gov/bills/2011/lchtml/LC0704.htm
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
8. Sheriffs First - Law
Enforcement Cooperation. Many Montanans, both
citizens and people in public office, are concerned about the
lack of accountability of federal officers conducting law
enforcement operations in Montana. In Montana, we know the
county sheriff and he is elected and accountable locally.
We believe the sheriff is the chief law enforcement officer in
the county, and ought to have the tools to implement that
status. MSSA will offer a bill to require federal officers
to obtain the written permission of the local sheriff before
conducting an arrest, search, or seizure in the sheriff’s
county. There are exceptions for federal reservations,
Border Patrol, Immigration and Naturalization Service, close
pursuit, when a federal officer witnesses a crime that requires
an immediate response, if the sheriff or his personnel are under
investigation, and other necessary exceptions. This bill
was passed by the Legislature in 1995, but was vetoed by the
Governor. You may read the bill at: http://www.SheriffsFirst.net
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
9. When police may take
firearms and how long they may keep them. There
are no clear directions to law enforcement in current Montana
law about under what circumstances law enforcement officers may
disarm citizens, and how long they may keep guns taken.
This leaves it up to the discretion of individual officers to
make this call. A few officers abuse this discretion by
insisting on disarming every armed citizen they encounter -
treating citizens like criminals. The right to bear arms
the people have reserved to themselves at Article II, Section 12
of the Montana Constitution does NOT say "except when in the
presence of a law enforcement officer." Rather, the
Constitution says the right to bear arms "shall not be called
into question …" We propose legislation to establish some
clear but workable rules for under what circumstances and for
how long law enforcement officers may disarm citizens.
http://data.opi.mt.gov/bills/2011/billhtml/HB0435.htm
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
10. University system gun
bans. The people of Montana have reserved from
government interference the right to keep or bear arms in the
Montana Constitution. The Montana university system is a
government entity. The Montana Constitution gives the
Board of Regents broad authority to manage the affairs of the U.
system, but it gives the Board NO authority whatsoever to
suspend, amend or abolish the Constitution and the rights the
people have reserved to themselves from government
interference. We propose a bill that withdraws all
authority from the Board of Regents to restrict firearms on U.
system campuses, and then gives back to the U. system
narrowly-tailored authority to adopt certain restrictions that
are sensible and also defensible under recent federal (Heller
and McDonald) and state (Colorado, Oregon and Utah) court cases.
DRAFT bill
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
11. Suppressors illegal
for poaching. Firearm suppressors do not
"silence" firearms, but suppress somewhat the noise of the
muzzle blast. They do nothing to attenuate the loud crack
of the sonic boom as a bullet breaks the sound barrier all along
its flight path. Currently, firearm suppressors are
illegal for hunting. FWP argues this is necessary for them
to be able to catch criminals who poach. We propose a bill
to make use of suppressors illegal for poaching only, but not
for general hunting. Some argue that use of suppressors
for hunting is not "fair chase," because the hunted animal would
not hear the muzzle blast from a hunter's rifle. This
argument ignores physics - that a rifle bullet arrives before
the sound of the muzzle blast because the bullet flies faster
than the speed of sound. It ignores that a missed shot
will startle the game animal with the nearby sonic boom before
any sound of muzzle blast arrives. Finally, it ignores the
common acceptance of "fair chase" hunting with absolutely silent
arrows during archery season.
DRAFT bill
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
12. Controlling wolves.
Federally-fostered wolves have become a serious problem in
Montana. They are decimating Montana's valuable herds of
huntable game, killing or impacting an unacceptable amount of
livestock in Montana's already stressed agricultural community,
and are carrying diseases that may cause serious human and
livestock health problems. We propose again a bill for
Montana to take a much more aggressive posture in managing and
controlling wolves.
http://data.opi.mt.gov/bills/2009/billhtml/SB0183.htm
DRAFT in process
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
13. Revise fish and game
enforcement laws. Montana game laws are very
different in their application and enforcement than similar
criminal laws in Montana. We propose to adjust Montana
fish and game laws so they conform generally to the standards
applied in all other criminal matters in Montana.
http://data.opi.mt.gov/bills/2011/billhtml/HB0369.htm
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
14. Concealed weapon
permit list private. Montana people have reserved
the right to privacy to themselves in the Montana
Constitution. Notwithstanding this restriction, the
Montana Department of Justice has been releasing the names of
about 30,000 Montanans who hold or have held concealed weapon
permits. This release includes to the Billings Gazette,
and others. In other states, newspapers have published
such lists, making CWP-holders' residences focused targets for
burglars seeking guns for crime. We propose a bill to
prevent release of CWP-holder names except for law enforcement
purposes.
DRAFT bill
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
15. BB-guns and air
rifles not "firearms." Some entities in Montana
restrict BB-guns and air rifles as if they were firearms.
We propose to define firearms as different than BB-guns and air
rifles, and also to prevent restrictions placed on BB-guns and
air rifles as if they were firearms.
DRAFT bill
If this is passed by the Legislature, I would: Sign(
) Amend( ) Veto( )
16. Definition - "self
government." The Montana Constitution says, at
Article II, Section 2, "Self-government. The people have the
exclusive right of governing themselves as a free, sovereign,
and independent state." What does this sentence mean to
you?
( ) Without researching the transcripts of the 1889
constitutional convention, I have no idea what this means.
( ) This is just generic language but has no real effect.
( ) The people of Montana are free to do whatever reasonable
things they wish.
( ) State government should be free of any avoidable restraints
by the people.
( ) As a matter of contract, Montana may become an independent
nation.
( ) People are allowed to vote for public officials so they can
seek this goal.
( ) Other (explain).
17. Federal power #1.
Some say that because of the "supremacy clause" any action of
the federal government prevails over any provision of state
law. Others assert that the supremacy clause was amended
by the Ninth and Tenth Amendments, and that only federal acts
well-founded in the federal constitution and consistent with the
Ninth and Tenth Amendments prevail over state constitutional and
statutory provisions. Do you hold the former or latter
view?
( ) Former
( ) Latter
( ) The issue is too complicated to discuss here.
( ) Other (explain)
18. Federal power #2.
Some say the federal government asserts more authority than it
should over the states and the people of the states. Do
you:
( ) Agree
( ) Disagree
( ) Other (explain)
19. Federal power #3.
The primary two ways in which the federal government projects
its power over the states, and the people of the states, is
through the money the federal government provides with
conditions, and ability of the federal government to arrest,
prosecute and fine or imprison individuals who don't comply with
federal laws and regulations. Concerning federal control
by money, do you believe:
( ) There's little states or the people of states can do about
this; only Congress can address this problem.
( ) I would be willing to forego federal money to relieve
Montana of this control.
( ) Federal money provides Montana with the necessary ability to
deliver services that are essential to Montana citizens.
( ) Other (explain)
20. Montana gun laws
generally. It is said that Montana has among the
best (fewest) gun laws and firearms restrictions of all the
states in the U.S. Do you believe Montana gun laws:
( ) Are a lot too loose and need to be seriously strengthened.
( ) Are just a bit too loose and need some tweaking.
( ) Are just about right and ought to be left alone.
( ) Are still too restrictive and should be relaxed.
( ) Other (explain)
The foregoing responses are actually my positions on these
issues, to the best of my knowledge and at this time.
Candidate Signature (electronic signature
accepted) Date
Governor of Montana
Candidate printed name
Office sought
NOTE: This Candidate Questionnaire released electronically
on March 12, 2012. Any candidates with Primary Election
challenges MUST have their CQ returned electronically, and no
later than 5PM, Monday, March 20, 2012, for MSSA's candidate
evaluations for the June Primary elections. Thank you.
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 important to MSSA
members.
Please return questionnaire to mssa@mtssa.org or MSSA, P.O. Box
4924, Missoula 59806.
Any additional comments may be added here or attached: