A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT AN EMPLOYER,
EXCEPT THE MONTANA STATE PRISON, MAY NOT PROHIBIT AN EMPLOYEE FROM
KEEPING A FIREARM IN A LOCKED VEHICLE PARKED AT THE EMPLOYEE'S
WORKPLACE OR WHILE ON THE EMPLOYER'S BUSINESS; AND PROVIDING THAT
AN EMPLOYER MAY NOT BE HELD LIABLE FOR ANY INCIDENT, INJURY, OR
DAMAGES RESULTING FROM A FIREARM BEING TAKEN FROM AN EMPLOYEE'S
MOTOR VEHICLE; EXEMPTING AN EMPLOYER FROM LIABILITY FOR AN
EMPLOYEE'S LEGITIMATE SELF DEFENSE; AND AMENDING 27-1-722, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1.
Title. This act is known as the "Employee safe travel to
NEW SECTION. Section 2. Right
of employee to keep firearms in vehicle -- employer liability --
exception. (1) (a) An employer may not, by contract or otherwise,
prohibit an employee:
(i) from keeping a firearm that is locked
in the trunk of the employee's motor vehicle or is out of view
inside the employee's locked motor vehicle when the vehicle is
parked at the employee's workplace; or
(ii) from keeping a firearm in the
employee's vehicle when the employee is using the vehicle for the
(b) For the purposes of this subsection,
"locked motor vehicle" means:
(i) a truck or hard top automobile with
the windows rolled up and the doors locked; or
(ii) a convertible with the windows
rolled up, the top up and secured, and the doors locked.
(2) A private sector employer in
compliance with the provisions of subsection (1) may not be held
liable for any incident, injury, or damages resulting from a
firearm being taken from an employee's motor vehicle parked at the
(3) The Montana state prison may adopt a
policy prohibiting an employee from keeping a firearm in the
employee's motor vehicle parked at the facility.
Section 3. Section 27-1.722, MCA,
is amended to read:
27-1-722. Civil damages immunity for injury caused by legal use of
force. (1) A use of force allowable under the provisions of Title
45, chapter 3, part 1, provides immunity to the person using the
force from civil damages for injury to any person or property
arising from injury to the person, or damage to the property of
the person, against whom the force was used.
(2) Conviction of a crime committed by
the person who was injured or whose property was damaged by the
use of force is not a prerequisite to a defense under subsection
(1), but it is evidence that the act or omission to which the use
of force was a response occurred.
(3) The reasonableness of the use of
force must be determined in light of the circumstances at the time
that the force was used.
(4) The prevailing party in an action in
which a defense is asserted under this section is entitled to
costs and reasonable attorney fees.
(5) If a person claiming the immunity of [this
section] is on the job or at work, the person's employer enjoys
the same immunity.
NEW SECTION. Section 4.
Codification instruction. [Section 2] is intended to be codified
as an integral part of Title 39, chapter 2, part 3, and the
provisions of Title 39, chapter 2, part 3, apply to [section 1].