Concealed weapon permit information to be confidential; repeal CWP advisory council

NEW SECTION.  Section 1.  Permits to be confidential.  Because of the right to privacy citizens have reserved to themselves in the Montana Constitution, permits issued pursuant to 45-8-322, and all information contained in applications for such permits, must be kept confidential by any public entity in possession of such information, and may only be released to law enforcement agencies for legitimate law enforcement purposes or use.

Section 2.  45-8-329 is amended to read:      45-8-329.  Concealed weapon permits from other states recognized -- advisory council. (1) A concealed weapon permit from another state is valid in this state if:
    (a)  the person issued the permit has the permit in the person's immediate possession;
    (b)  the person bearing the permit is also in possession of an official photo identification of the person, whether on the permit or on other identification; and
    (c)  the state that issued the permit requires a criminal records background check of permit applicants prior to issuance of a permit.
    (2)  The attorney general shall develop and maintain a list of states from which permits are recognized under this section for the use by law enforcement agencies in this state.
    (3)  A determination or declaration of a Montana government entity, official, or employee is not necessary to the existence and exercise of the privilege granted by this section.
    (4)  The governor shall establish a council, composed of interested persons, including law enforcement personnel and gun owners, to advise the governor on and pursue concealed weapon permit issues.

(Note to reader:  45-8-329(4) establishes a governor's concealed weapon permit advisory council, intended to pursue reciprocity with other states when 45-8-329 was originally enacted requiring the governor to negotiate CWP reciprocity with other states.  That didn't work, so 45-8-329 was amended to simply recognize permits issued by other states, leaving the governor's CWP advisory council an orphan with no purpose.)