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reciprocity with other states when 45-8-329 was originally enacted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.)