Augustin:
Montana State Law 45-8-351 reads:
45-8-351. Restriction on local government regulation of firearms.
(1) Except as provided in subsection (2), no county, city, town, consolidated local government, or other local government unit may prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.
(2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors.
(b) Nothing contained herein shall allow any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others, nor shall anything contained herein prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise.
History: En. Sec. 1, Ch. 589, L. 1985; amd. Sec. 11, Ch. 759, L. 1991.
Helena City Code reads:
5-1-32: POSSESSION OF FIREARMS PROHIBITED; EXCEPTIONS:
A. Prohibition: It shall be unlawful, and a misdemeanor, for any person, other than a peace officer in the discharge of his duties, or a citizen in the protection of his life or that of his family or his property, or any person authorized by law: (Ord. 2719, 9-26-1994)
1. To carry on or about his person, in any place open to the public, any loaded or concealed firearm, rifle, airgun or pistol within the limits of this city, or to shoot any airgun, rifle, pistol, sling shot or bow and arrow within the limits of this city, except in those areas designated as indoor or outdoor rifle, pistol, shotgun or archery ranges as designated and approved by the city manager. (Ord. 2742, 6-5-1995)
*** Helena City Code 5-1-32(A)(1) is ILLEGAL, per Montana State Law 45-8-351! A Firearm may be Loaded in Montana, without Restrictions, and may also be Concealed, with a Montana Concealed Weapons Permit. ***
2. To possess any firearm, airgun or pistol at a public assembly, in a city park, school, or in any publicly owned building, with the specific exceptions of:
a. Legitimate displays of unloaded firearms at shows or other public occasions by collectors and others; and
b. Persons participating in hunter or gun safety classes sanctioned by the department of fish, wildlife and parks and authorized by the city or school. (Ord. 2447, 7-27-1987)
*** Unfortunately, this provision of Helena City Code, 5-1-32(A)(2)(a) AND 5-1-32(A)(2)(b) is LEGAL. ***
B. Exceptions: Nothing in this chapter shall apply to a person in actual service in the military of the United States or the state, as a law enforcement officer or person summoned to his aid, nor to a revenue or other civil officer engaged in the discharge of his official duties, nor carrying of arms in one's premises or place of business, or where a concealed weapons permit has been granted to bear, concealed or otherwise, a pistol or revolver during the time of such permission. (Ord. 2670, 4-26-1993; amd. Ord. 2742, 6-5-1995)
*** This section, Helena City Code 5-1-32(B) COMPLIES with Montana State Law, and it seems to work an exception to the provisions of Helena City Code 5-1-32(2)! ***
C. Concealed Weapons: Any person carrying a concealed weapon pursuant to a valid concealed weapons permit, upon being stopped by a law enforcement officer while in possession of said weapon, must immediately advise said law enforcement officer of the location and type of weapon and show a valid permit for carrying the same. (Ord. 2626, 1-27-1992)
*** Legal, under Montana State Law. ***
D. Staged Presentation: Any person who wishes to present a staged presentation using firearms containing blanks or black powder only may submit a written request to the city manager stating the time, location and duration of the presentation. If the request is approved, the manager shall forward to the chief law enforcement officer of the city a copy of the written approval to inform the city police and for posting at the location of the presentation. (Ord. 2742, 6-5-1995)
*** ILLEGAL, nothing in Montana State Law 45-8-351 says that a Person has to ask for Permission in order to do, what Helena Calls '... [a] Staged Presentation', on City Property. See Montana State Law 45-8-351(b)! ***
Helena may NOT Prohibit Loaded Firearms in Public Places, as if they did so they would Violate Montana State Law 45-8-351, regarding Preemption.
Helena CAN, however; Prohibit Firearms in their own: 1. Public Buildings, 2. Parks, and 3. Assemblies, per an exception that The Montana Legislature has outlined in Montana State Law 45-8-351.
Helena has a Municipal Code that Authorizes the enforcement of 'Firearm-Free Zones' in and around the places listed under 1-3 above, and it is Helena Code 5-1-32(A)(2).
aadvark
