Marbut Effectively Rebuts the MT JBT echelon, in Every Instance of their Slander

[feralfae]

Marbut Effectively Rebuts the Montana JBT echelon, in Every Instance of their Slander

Bravo!  Gary!

Sound logic, and elegantly stated!~

Bravo!


http://www.progunleaders.org/Legis09/ResponseMSPOAattack.html

ff

[KBCraig]

Marbut Effectively Rebuts the Montana JBT echelon, in Every Instance of their Slander

This should probably be in the "Outside the Shire" section.

I don't know anything about Montana's concealed carry laws, and I can only guess that his bill is for an "Alaska-style" system, but I did catch this:

Q.  If HB 228 passes, will I be able to carry my concealed weapon into my bank or credit union?

A.  No.  Federal law still prohibits carrying into a bank.  While some citizens may believe HB 228 shields him to carry, he will be violating federal law regarding carrying into banks and credit unions.

MSSA response:  The laws prohibiting carrying a concealed weapon into a bank are unaffected by HB 228.

The response itself is something of a misdirection, or just terribly misinformed. There is no federal law against carrying in banks or credit unions, and I believe Montana is the only state that prohibits carry in banks, credit unions, and other financial institutions.

And this:

Q.  If HB 228 is passed will police officers with their guns covered by clothing be able to legally carry their guns into bars, banks or public buildings such as the police station or the county courthouse?

A.  No.  45-8-328 MCA will remain unchanged (as noted above), and it contains no exception for police officers.  It applies to "A person ... [who] ... purposely or knowingly carries a concealed weapon" into a bar, bank or public building.  Therefore, if an elected sheriff is carrying a firearm under his coat and fails to take his coat off before entering the courthouse, he commits a misdemeanor crime under Montana law.  He might also be prosecuted for "Official misconduct" for having violated the law in 45-8-328 MCA.  If he is prosecuted for violation of 45-8-328, he will be told that "ignorance of the law is no excuse," especially because those sworn to uphold and enforce the law are held to the highest standard.  Those who violate Montana criminal laws (such as 45-8-328 MCA) are likely not up to the standards required of peace officers in Montana.

Because of the federal Law Enforcement Officers Safety Act of 2004 (LEOSA), police are exempt from any state laws concerning concealed carry, except for those restricting carry on government property (the "public buildings" noted here), or laws which allow private property owners to restrict carrying concealed handguns.

The "bars and banks" section is moot.

[grasshopper]

  If States push it, all federal laws will be for federal land only, not controled by the state.

[John Edward Mercier]

If States pushed it... there wouldn't be nearly any federal lands.
The US Constitution has specific wording for what land the US federal government can purchase/own.