MONTANA SHOOTING SPORTS ASSOCIATION
2013 LEGISLATIVE ISSUES
2012 LEGISLATIVE CANDIDATE QUESTIONNAIRE
(Return by March 20, 2012 - Primary candidates)
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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.
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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 explusion.
http://data.opi.mt.gov/bills/2011/billhtml/HB0558.htm
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
I would: Sponsor( ) Cosponsor( )
Support( ) Be Neutral( ) Oppose( )
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
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NOTE: This Candidate Questionnaire is 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, 2010, 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: