Open carry near school. Missoula, MT

[Orneryman]

As for verifying information, I would not recommend the sheriffs office or other police units for information. Most of the time they provide invalid information that matches their agenda or ease of life. A lawyer that knows 2nd amendment law would clearly be preferred.

Yes sir. I can't thank you enough for taking your time to help me with this.

 

[SovereigntyOrDeath]

Thank God I didn't find property in the Bitterroot Valley.

 

[slapmonkay]

That state law will only prevent state and local LEOs from arresting for violation of the Federal GFSZA, however the Federal government has not agreed to recognize the state's self created exemption so Federal LEOs can still arrest for violating the Federal law and conviction can be made in Federal court.

Its not a state exemption, its a state license as is required in the gun free zone act. A license that the state gives automatically to all persons qualified under law to receive the license.

45-8-360. Establishment of individual licensure. In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Montana constitution is considered to be individually licensed and verified by the state of Montana within the meaning of the provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act.

(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

 

[slapmonkay]

Thank God I didn't find property in the Bitterroot Valley.

Why is that? Bitterroot Valley is nice.

 

[SovereigntyOrDeath]

Why is that? Bitterroot Valley is nice.

Agreed. I think it is the nicest part of Montana to live. Unfortunately Montana is becoming too liberal, especially Missoula and it is in the Bitterroot. It is hard to believe the OP would need to be concerned to OC because he lives across the street from a school. I suspect the reason Missoula has gone to the libs is due to the university.

I am very happy to have found a place in the Panhandle of Idaho.

My first choice was Wyoming, however, I could not find anything their either.

Wyoming is the freest state in the union imo.

 

[slapmonkay]

Pretty scary that the state of Montana is doing all this verification of the publics' legality to possess firearms without most of their knowledge or permission. Federal judge asks for proof of this verification from the state of Montana and Montana says "well they just are by default"... Oh sure, the Federal government is just going to buy off on that one. Especially when a Federal prosecutor brings up the fact that Montana residents who are "verified" to qualify for a "license" to be exempt from the Federal GFSZA are still illegal to conceal the firearm unless they - wait for it - have a background check done by the state....so if the state already "verifies" all residents qualifications for a license to carry in a school zone - which has the same prohibitions as the concealed weapons permit, then why does the state require a second verification for the person to conceal the gun?

Don't get me wrong... Is the Federal restriction Constitutional? No, in my opinion. Does the Federal government ever enforce their own restriction? About once every 50 years. But can the state of Montana just exempt themselves from the restriction by default? No. Just like the Federal government does not exempt Montana made firearms sold by FFLs in Montana from the Federal requirements as stated in Montana code either.

Sure the license has not been verified in court, I highly doubt it ever will be. If you think the prosecution rate of the gun free zone act is low in other states, wait until you see the prosecution rate of it in Montana where the federal government would have to challenge the constitutionality of a state law.

The federal government is not going to want to challenge the law, get attorney generals involved, 2nd amendment groups, etc. In the end possibly losing and leaving the door wide open for other states to copy the law, essentially invalidating the federal gun free zone act. This all just to cite an individual with a misdemeanor (18 US Code 924 (a)(4)) for walking on the sidewalk in front of his house inside what is considered a 'school zone'.

As it stands, each person is licensed and verified by the state. If an individual such as the OP is not comfortable with this state licensure then extra legal safety can be obtained by getting a CWP. Personally, I would carry without a CWP in a school zone in Montana and not even worry about it. In fact I did while I waited for my 6 month residency time to pass.

Especially when a Federal prosecutor brings up the fact that Montana residents who are "verified" to qualify for a "license" to be exempt from the Federal GFSZA are still illegal to conceal the firearm unless they - wait for it - have a background check done by the state....so if the state already "verifies" all residents qualifications for a license to carry in a school zone - which has the same prohibitions as the concealed weapons permit, then why does the state require a second verification for the person to conceal the gun?

A CWP is optional in 90% of Montana which is constitutional carry. A lot of 'school zones' fall into the constitutional carry locations where the state does not require an individual to have a background check or a 'second verification' done. Instead it uses the state constitution and federal constitution as the permit. Additionally, the state does not run background checks on individuals open carrying. The individual licensure specified in Montana law uses the same authority to issue the license to individuals who are qualified under state law to obtain it.

 

[slapmonkay]

Agreed. I think it is the nicest part of Montana to live. Unfortunately Montana is becoming too liberal, especially Missoula and it is in the Bitterroot. It is hard to believe the OP would need to be concerned to OC because he lives across the street from a school. I suspect the reason Missoula has gone to the libs is due to the university.

I am very happy to have found a place in the Panhandle of Idaho.

My first choice was Wyoming, however, I could not find anything their either.

Wyoming is the freest state in the union imo.

There are a couple locations, mostly where colleges are located, that are liberal and they always have been. In my opinion the OP should have zero concern carry a gun in Montana.

Just the other weekend, I took a trip to Missoula and saw an OCer in Applebees and another OCer in Target. Montana is still wide and large a gun culture state, even liberals have right leanings most of the time.

Montana has constitutional carry in 90% of the state, unrestricted open carry at the state level and state preemption. 95% of the cities don't even utilize their ability to restrict firearms in parks or public builds as is afforded to them in the state preemption statute. Don't get me wrong, there are a couple laws that still need to be tweaked and we are working on those. Hopefully HB298 will pass this year and we will have constitutional carry statewide 100%.

I am proud of Montana, its a great place to live. I believe your concerns around guns are unfounded. I would encourage you to take a trip this way and visit a few of our tourist destinations such as Glacier National Park or Yellowstone National Park or the several other State Parks and attractions all while open carrying without concern.

 

[SovereigntyOrDeath]

There are a couple locations, mostly where colleges are located, that are liberal and they always have been. In my opinion the OP should have zero concern carry a gun in Montana.

Just the other weekend, I took a trip to Missoula and saw an OCer in Applebees and another OCer in Target. Montana is still wide and large a gun culture state, even liberals have right leanings most of the time.

Montana has constitutional carry in 90% of the state, unrestricted open carry at the state level and state preemption. 95% of the cities don't even utilize their ability to restrict firearms in parks or public builds as is afforded to them in the state preemption statute. Don't get me wrong, there are a couple laws that still need to be tweaked and we are working on those. Hopefully HB298 will pass this year and we will have constitutional carry statewide 100%.

I am proud of Montana, its a great place to live. I believe your concerns around guns are unfounded. I would encourage you to take a trip this way and visit a few of our tourist destinations such as Glacier National Park or Yellowstone National Park or the several other State Parks and attractions all while open carrying without concern.

Good to know. Thank you. I do plan on exploring Montana. My daughter and her family live in Great Falls. I went to the Lewis and Clark museum there. I drove from Idaho and it was a beautiful drive.

Glacier, Yellowstone, Grand Tetons in Wyoming, are all on my list to visit.

 

[mikeyb]

My first choice was Wyoming, however, I could not find anything their either.

Wyoming is the freest state in the union imo.

Hardly. It's expensive as **** in Jackson. Hardly free at all.

:lol:

Wyoming and Montana are my wife & I's favorite destinations.

BOT: I remember MT enacted that law that allowed anyone legal to possess a firearm exempt from the GFSZ, as mentioned earlier.

 

[Grapeshot]

Hardly. It's expensive as **** in Jackson. Hardly free at all.

:lol:

Wyoming and Montana are my wife & I's favorite destinations.

BOT: I remember MT enacted that law that allowed anyone legal to possess a firearm exempt from the GFSZ, as mentioned earlier.

Would seem you are right - very expensive place to live.
http://www.bestplaces.net/cost_of_living/city/wyoming/jackson