Montana LR-130, Limit Local Government Authority to Regulate Firearms Measure (2020)
| Montana LR-130 | |
|---|---|
 | |
| Election date November 3, 2020 | |
| Topic Firearms | |
Status Approved | |
| Type State statute | Origin State legislature |
Montana LR-130, the Limit Local Government Authority to Regulate Firearms Measure, was on the ballot in Montana as a legislatively referred state statute on November 3, 2020.[1][2] It was approved.
A "yes" vote supported this measure to remove local governments' authority to regulate the carrying of permitted concealed weapons. |
A "no" vote opposed this measure to remove local governments' authority to regulate the carrying of permitted concealed weapons, thus allowing local governments to continue to regulate permitted concealed weapons within their jurisdictions. |
Election results
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Montana LR-130 |
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|---|---|---|---|---|
| Result | Votes | Prozentualer Anteil | ||
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|
298,388 | 50.96% | ||
| No | 287,129 | 49.04% | ||
Übersicht
How did LR-130 change local government's authority to regulate permitted concealed weapons?
- See also: Text of measure
The Montana Code Annotated (MCA) Section 7-1-111 provides that local governments have the power to regulate the carrying of permitted concealed weapons. LR-130 removed local governments’ power to regulate the carrying of permitted concealed weapons. The ballot measure continued to allow local governments to regulate unpermitted concealed weapons and unconcealed weapons in public occupied buildings. LR-130 also removed local governments’ power to regulate the possession of firearms by “convicted felons, adjudicated mental incompetents, illegal aliens, and minors.” As of 2020, state law provides that local governments can regulate concealed or unconcealed weapons in public buildings, parks, and schools. The amendment took effect January 1, 2021.
How did LR-130 get on the ballot?
- See also: Path to the ballot
This measure was introduced as House Bill 357 on January 25, 2019, by Representatives Matt Regier (R-4) and Derek Skees (R-11). It was designed to be sent to voters if an identical bill, House Bill 325, was vetoed by Democratic Governor Steve Bullock. The governor vetoed the bill on May 3, 2019. To override the governor's veto in Montana, a two-thirds vote in each chamber (67 votes in the House and 34 votes in the Senate) is required. Since proposed changes to statutes referred to voters by the legislature do not require the governor's signature, LR-130 (HB 357) could not be vetoed. LR-130 passed with 56 percent of the vote in both chambers.[3]
Measure design
Proposed changes
LR-130 continued to allow local governments to regulate unpermitted concealed weapons and unconcealed weapons in public occupied buildings. LR-130 also removed local governments’ power to regulate the possession of firearms by “convicted felons, adjudicated mental incompetents, illegal aliens, and minors.” As of 2020, state law provides that local governments can regulate concealed or unconcealed weapons in public buildings, parks, and schools.
The chart below illustrates how LR-130 changed existing state statute:[2]
| Code | Current law: restriction on local government regulation of firearms | Proposed law under LR-130 |
|---|---|---|
| MCA Section 7-1-111(9) | "A local government unit with self-government powers is prohibited from exercising the following: … any power that applies to or affects the right to keep or bear arms, except that a local government has the power to regulate the carrying of concealed weapons." | “A local government unit with self-government powers is prohibited from exercising the following: … any power that applies to or affects the right to keep or bear arms.” |
| MCA Section 45-8-351(2)(a) | "A county, city, town, consolidated local government, or other local government unit has the 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." | "A county, city, town, or local government unit has the power to prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction." |
Bolded words used to emphasize proposed changes.
Stated purpose and intent
LR-130 declared that it is the policy of Montana "that the citizens of the state should be aware of, understand, and comply with any restrictions on the right to keep or bear arms that the people have reserved to themselves in Article II, section 12, of the Montana constitution, and that to minimize confusion the legislature withholds from local governments the power to restrict or regulate the possession of firearms."[2]
Text of measure
Ballot title
The ballot language for LR-130 is below.[4]
| " | An act revising firearms laws to secure the right to keep and bear arms and to prevent a patchwork of restrictions by local governments across the state and providing that local governments may not regulate the carrying of concealed weapons; providing that the proposed act be submitted to the qualified electors of Montana; amending sections 7-1-111 and 45-8-351, MCA; and providing an effective date.
[] YES on Legislative Referendum LR-130 [] NO on Legislative Referendum LR-130[5] |
” |
Full text
The full text of the measure can be read below. Struck-through text would be deleted and underlined text would be added:[2]
Readability score
- See also: Ballot measure readability scores, 2020
| Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
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Support
Supporters
Officials
- State Representative Matt Regier (R)
- State Representative Derek Skees (R)
Organizations
Arguments
Official arguments
Montana State Representative Matt Regier (R), Montana State Senator Steve Hinebauch (R), and Gary Marbut submitted the following arguments to the Montana Voter Information Pamphlet in support of the measure:[6]
| " |
LR-130 (Legislative Referendum # 130) is essential to save our gun rights. The Title for the measure is: AN ACT REVISING FIREARMS LAWS TO SECURE THE RIGHT TO KEEP AND BEAR ARMS AND TO PREVENT A PATCHWORK OF RESTRICTIONS BY LOCAL GOVERNMENTS ACROSS THE STATE. In the Montana Constitution, the people resaved for themselves the right to keep and bear arms. This was intended to prevent government entities from restricting that liberty. The Montana 'preemption law' was enacted by the Legislature to implement our constitutional protection by preventing local governments from enforcing local firearm restrictions. Some local governments in Montana have exploited alleged loopholes in the preemption law, loopholes that would ultimately allow any and all firearms restrictions imposed by cities and counties in Montana. LR-130 closes those loopholes. LR-130 was put on the 2020 ballot by a majority vote of the Legislature, to amend Montana laws in order to prevent local governments from exploiting any possible loopholes in existing law that may allow them to enforce local gun control. As its Title declares, LR-130 is intended to prevent local governments from enforcing a patchwork of anti-gun laws in their local jurisdiction, local laws that would violate the Montana Constitution and be a legal minefield for people traveling around Montana. Imagine traveling across Montana on 1-90 or Highway 2. Imagine being stopped for some minor infraction and learning a firearm in your car is illegal locally, because it has a magazine that holds more than six rounds, because it has a carrying handle, because you don't have proof of ownership with you, because it wasn't registered with local police, or for some other ridiculous reason. Imagine being informed subsequently by the FBI that you have lost your right to keep and bear arms forever under federal law because you have been convicted of what the FBI sees as a local 'gun crime.' This is one scenario that LR-130 is intended to prevent. LR-130 is essential to maintaining the right to keep and bear arms that the people have reserved to themselves from government interference in the Montana Constitution.[5] |
” |
Opposition
Opponents
Officials
- Governor Steve Bullock (D)
Unions
Organizations
- Democracy for America
- Everytown for Gun Safety
- Montana League of Cities and Towns
Arguments
Official arguments
Montana State Senate Dick Barrett (D), Montana State Representative Moffie Funk (D), and Tim Burton submitted the following arguments to the Montana Voter Information Pamphlet in opposition to the measure:[6]
| " |
DON'T TAKE AWAY OUR FREEDOM TO MAKE LOCAL DECISIONS LR-130 is:
LR-130 ends more than 130 years of local citizens deciding how to keep their communities safe. LR-130 is a sweeping proposal brought to you by lobbyists and out-of-touch politicians trying to take away your rights and eliminate local decision making in Montana. This measure is so confusing and poorly written that law enforcement, local officials, and legal experts disagree on its meaning, its consequences, and even how it could be enforced. We should not be passing confusing laws that will very likely be challenged in court nor creating uncertainty in our schools and public spaces during an already difficult time. Why change something that's working? Montanans agree that we need to protect our Second Amendment rights, including our right to protect ourselves, and we already have strong laws in Montana to ensure these rights. LR-130 is a reckless attempt to re-write current gun laws and will have serious consequences for our ability to make local decisions. LR-130 is unnecessary. Montanans know and trust their local school boards, law enforcement, and locally elected officials to keep our communities safe and protect our rights. LR-130 raises questions and confusion and creates problems rather than solving them, threatening local decision making in Montana communities. For these reasons, LR-130 is opposed by veterans, school boards, nurses, ranchers, doctors, hunters, and local sheriffs and law enforcement across Montana. Additionally, it is opposed by the Montana League of Cities and Towns, representing all 127 incorporated municipalities. Voting NO on LR-130 recognizes the value of making decisions at the community level. We can't trust overreaching state legislators, politicians, and lobbyists in Helena to decide what's best for us and our local communities. We can protect our second amendment rights and Montana's long history of local decision-making by rejecting this confusing and unnecessary measure. Vote NO on LR-130 to protect our freedom to make local decisions. Vote NO on LR-130 to keep our gun laws the way they are. Vote NO on LR-130.[5] |
” |
Campaign finance
Ballotpedia identified one committee—NRA Big Sky Self-Defense Committee—in support of LR-130. It reported receiving $52,632.37 in cash contributions. Ballotpedia has identified one committee—No on LR-130—registered in opposition to LR-130. It had received $1.6 million in cash and in-kind contributions.[7]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $52,632.37 | $0.00 | $52,632.37 | $52,493.06 | $52,493.06 |
| Oppose | $1,417,500.00 | $214,632.27 | $1,632,132.27 | $1,414,963.85 | $1,629,596.12 |
Support
| Committees in opposition to LR-130 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| NRA Big Sky Self-Defense Committee | $52,632.37 | $0.00 | $52,632.37 | $52,493.06 | $52,493.06 |
| Total | $52,632.37 | $0.00 | $52,632.37 | $52,493.06 | $52,493.06 |
Top donors
The following chart lists the top donor in support of LR-130:[7]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| NRA Institute for Legislative Action | $25,000.00 | $0.00 | $25,000.00 |
Opposition
The following chart contains contributions and expenditures made to the committee opposing LR-130.
| Committees in opposition to LR-130 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| NO on LR130 | $1,417,500.00 | $214,632.27 | $1,632,132.27 | $1,414,963.85 | $1,629,596.12 |
| Total | $1,417,500.00 | $214,632.27 | $1,632,132.27 | $1,414,963.85 | $1,629,596.12 |
Top donors
The following chart lists the top donors in opposition to LR-130:[7]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Montana Federation for Public Employees | $1,245,000.00 | $61,345.63 | $1,306,345.63 |
| Everytown for Gun Safety Action Fund | $110,000.00 | $98,357.84 | $208,357.84 |
| Alliance for Gun Responsibility | $10,000.00 | $5,400.00 | $15,400.00 |
| Montana League of Cities and Towns | $0.00 | $10,214.51 | $10,214.51 |
| Montana Human Rights Network | $0.00 | $6,720.58 | $6,720.58 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
State law concerning local government regulation of firearms
Montana Code Annotated (MCA) Section 45-8-351 provides that "a county, city, town, or 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."[2]
LR-130 amended that section of the state code to say instead that "a county, city, town, or local government unit has the power to prevent and suppress the carrying of unpermitted concealed weapons or the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction."[2]
MCA Section 7-1-111 provides that local governments have the power to regulate the carrying of concealed weapons. LR-130 would remove that authorization.[2]
City of Missoula firearm ordinance
The city of Missoula, Montana's second-largest municipality by population, adopted Ordinance 3581 (sponsored by Missoula City Council Chair Bryan von Lossberg) on September 26, 2016. Ordinance 3581 established Missoula Municipal Code 9.60 (Firearm Sales) and requires background checks through the National Instant Criminal Background Check System (NICS) for firearm sales and transfers within city limits. Missoula became the first city in Montana to enact a city-wide ordinance requiring firearm background checks.[8]
The text of Ordinance 3581 stated that its purpose was "to prevent and suppress the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors in order to ensure that background checks generally occur with respect to firearm ownership transfers as a prevention mechanism to serve as a deterrent to convicted felons, adjudicated mental incompetents illegal aliens and minors unlawfully obtaining possession of firearms."[9]
Legal challenges to Missoula's firearm ordinance
On January 26, 2017, Montana Attorney General Tim Fox (R) issued a legal opinion stating that Ordinance 3581 was not enforceable. Fox wrote, "Plainly interpreted, the Montana Legislature has prohibited all forms of local government from exercising any regulatory power over the purchase, sale or transfer or [sic] firearms."[8] The city of Missoula challenged Attorney General Fox's opinion in Montana 4th Judicial District Court and won the case in October 2018. The city then began enforcing the ordinance.[10]
In the 4th District Court's 2018 ruling, district court Judge Robert Deschamps wrote that state law allows Missoula to block felons from possessing firearms and, therefore, may require background checks on firearm sales within city limits. Deschamps said, "By invalidating the City of Missoula's Ordinance, the Attorney General's opinion deprives Missoula of its own authority."[11] In response to the ruling, state Department of Justice spokesman John Barnes said, "The state respectfully disagrees with the court's ruling and maintains that Montana law does not allow cities to enact a patchwork of firearm regulations."[11]
Firearm regulation preemption laws by state
Preemption occurs when law at a higher level of government is used to overrule authority at a lower level. State law can be used to preempt local ordinances, and federal law can be used to preempt state law.
Firearms regulations are a common source of preemption conflicts. State governments have overruled firearms regulations enacted by local governments and preemptively barred localities from enacting their own firearms regulations. Local firearms ordinances have also been challenged under state law in the courts. These conflicts have sometimes attracted the attention of national groups that are engaged in the firearms regulation debate, such as the Second Amendment Foundation and Moms Demand Action for Gun Sense in America. In 2017, preemption conflicts over local firearms regulations played out in Florida, Iowa, Michigan, Montana, Pennsylvania, and Washington. In 2019, local governments in Florida filed a lawsuit challenging a 2011 state law that imposed penalties on local government officials who enacted or enforced local firearms laws. Click here to read more about firearm preemption conflicts tracked by Ballotpedia.
Firearm regulation preemption laws by state
California and Nebraska have provisions expressly preempting local regulation of one or more aspects of firearms or ammunition but otherwise permitting broad regulation of firearms and ammunition at the local level. In Connecticut, Hawaii, Massachusetts, New Jersey, and New York, there are no state laws expressly preempting local regulation of firearms or ammunition. The remaining 43 states have enacted preemption laws, meaning local governments lack authority or have limited authority when it comes to regulating firearms.[12]
Path to the ballot
In Montana, a simple majority is required in both chambers of the state legislature to place a legislatively referred state statute on the ballot.
This measure was introduced as House Bill 357 on January 25, 2019, by Representatives Matt Regier (R-4) and Derek Skees (R-11). On February 21, 2019, the House passed the bill in a vote of 56 to 43, largely along party lines. Jade Bahr (D-50) and Jacob Bachmeier (D-28) were the only two of 42 House Democrats to vote yes while Geraldine Custer (R-39), Neil Duram (R-2), and Bruce Grubbs (R-68) were the only three of 58 House Republicans to vote no. Representative Dale Mortensen (R-44) was absent. The measure passed in the Senate on April 2, 2019, by a vote of 28 to 21 with one Republican senator absent or excused. One Republican, Brian Hoven of District 13, joined all 20 Senate Democrats in voting no. All 28 yes votes came from Republicans.[1]
This legislatively referred statute was designed to be sent to voters if Montana's Democratic governor, Steve Bullock, vetoed House Bill 325, an identical bill. Bullock vetoed House Bill 325 on May 3, 2019. Section 5 of Article III of the Montana Constitution, along with Montana Code 5-4-301, provides that the governor cannot veto legislatively referred state statutes or stop them from appearing on the ballot.[13]
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Ballot language lawsuit
| Lawsuit overview | |
| Issue: Is the ballot language for LR-130 misleading? | |
| Court: Montana Supreme Court | |
| Ruling: Ruled in favor of Attorney General Fox, the defendant, saying the ballot language as written was fair | |
| Plaintiff(s): City of Missoula Montana League of Cities and Towns, et al. | Defendant(s): Attorney General Tim Fox (R) |
Source: U.S. News and World Report
On August 2, 2019, plaintiffs including the city of Missoula, the Montana League of Cities and Towns, the Montana Federation of Public Employees, Everytown for Gun Safety Action Fund, the Montana Human Rights Network, and the Montana School Boards Association filed a lawsuit with the state supreme court against Attorney General Tim Fox (R) arguing that the LR-130's ballot language is misleading and does not accurately describe what the measure would do.[16] Plaintiffs argued that the measure's ballot language is not accurate because the measure "strikes and removes an affected local government’s specific authority to regulate any carrying of weapons at a 'public assembly,' 'park,' or 'school.' Astoundingly, the words 'public assembly,' 'park,' and 'school' ... do not appear in the [measure's] ballot statement.”[17][18]
Quentin Rhoades, an attorney representing Republican legislators who support the measure's current ballot language, said plaintiffs are "afraid it’s going to pass, and they want to include the idea that this referendum will prevent schools from being able to regulate firearms on their campus." Rhoades said the legislators believe the ballot language is sufficient, complies with state law, and represents the measure accurately.[17]
On August 27, 2019, the Montana Supreme Court ruled in favor of Attorney General Tim Fox.[19]
How to cast a vote
- See also: Voting in Montana
Click "Show" to learn more about voter registration, identification requirements, and poll times in Montana.
| How to cast a vote in Montana | |||||
|---|---|---|---|---|---|
Poll timesIn Montana, polling place hours vary throughout the state. Most polling places open at 7:00 a.m. and close at 8:00 p.m., although in areas with fewer than 400 registered voters, polling places may open as late as 12:00 p.m. An individual who is in line at the time polls close must be allowed to vote.[20] Registration requirements
To register to vote in Montana, each applicant must be a citizen of the United States, a resident of Montana for at least 30 days prior to the election, and at least 18 years old by the day of the election. People serving a felony sentence in a penal institution and those who have been declared by a court to be of unsound mind are not eligible to vote.[21] Citizens can register to vote in person by completing a registration application at their county election office. They can register by mailing the application to their county election administrator or submitting it when applying for or renewing a driver’s license or state ID. Citizens may also register to vote at their county election offices, certain designated locations, or at their designated polling location on Election Day.[21] Automatic registrationMontana does not practice automatic voter registration. Online registration
Montana does not permit online voter registration. Same-day registrationMontana allows same-day voter registration. Residency requirementsIn order to register to vote in Montana, applicants must have lived in the state for at least 30 days prior to the election. Verification of citizenshipMontana does not require proof of citizenship for voter registration. Verifying your registrationThe site My Voter Page, run by the Montana secretary of state’s office, allows residents to check their voter registration status online. Voter ID requirementsMontana requires voters to present identification while voting. Montana's voter identification requirements are outlined in Section 13-13-114 of Montana Code, as amended when SB 169 was signed into law on April 19, 2021. The law states, "Before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification showing the elector's name:"[22]
On March 27, 2024, the Montana Supreme Court ruled that the portion of SB 169 that precluded the use of student ID for voter identification was unconstitutional. See here for more. | |||||
See also
External links
Footnotes
- ↑ 1.0 1.1 Montana State Legislature, "House Bill 357," accessed February 25, 2019
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Montana State Legislature, "House Bill 357 Text," accessed February 25, 2019
- ↑ Montana Legislature, "House Bill 325," accessed April 5, 2019
- ↑ Montana Secretary of State, "BALLOT LANGUAGE FOR LEGISLATIVE REFERENDUM NO. 130 (LR-130)," accessed February 4, 2020
- ↑ 5.0 5.1 5.2 5.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 6.0 6.1 Montana Secretary of State, "2020 Voter Information Pamphlet," accessed October 7, 2020
- ↑ 7.0 7.1 7.2 Montana Campaign Electronic Reporting System, "No on LR-130," accessed March 31, 2020
- ↑ 8.0 8.1 Missoulian, "Attorney general overturns Missoula gun ordinance," accessed June 5, 2019
- ↑ City of Missoula, "Ordinance 3581 full text," accessed June 5, 2019
- ↑ City of Missoula, "Missoula’s Background Checks Ordinance for Firearm Sales and Transfers between Private Individuals," accessed June 5, 2019
- ↑ 11.0 11.1 Missoulian, "Judge rules in favor of Missoula ordinance requiring background checks on all gun sales," accessed June 5, 2019
- ↑ Giffords Law Center, "Preemption of Local Laws," accessed June 10, 2019
- ↑ Montana Code Annotated, "5-4-301," accessed February 22, 2017
- ↑ Since Montana requires a two-thirds (66.67%) vote of all members of the legislature taken together, as long as there are enough yes votes in the first chamber to make passage possible (i.e., 50 in the House and 0 in the Senate), the proposal moves to the next chamber. However, a vote of less than a two-thirds majority in the first chamber requires a vote of more than two-thirds in the second chamber.
- ↑ Since Montana requires a two-thirds (66.67%) vote of all members of the legislature taken together, as long as there are enough yes votes in the first chamber to make passage possible (i.e. technically 50 in the House and 0 in the Senate), the proposal moves to the next chamber. However, a vote of lower than a two-thirds majority in the first chamber requires a vote of more than two-thirds in the second chamber.
- ↑ NBC Montana, "Lawsuit challenges ballot language on Montana gun measure," accessed August 2, 2019
- ↑ 17.0 17.1 Missoula Current, "Efffort to strip Missoula’s authority to regulate firearms hits language debate," accessed August 20, 2019
- ↑ ABC Fox Montana, "Two sides saddle up for gunfight over 2020 ballot initiative," August 25, 2019
- ↑ Missoula Current, "State Supreme Court OKs ballot measure limiting local authority over gun background checks," August 27, 2019
- ↑ Montana Secretary of State, "Elections & Voter Services: 2022 Polling Places", accessed August 18, 2024
- ↑ 21.0 21.1 Montana Secretary of State, “How to Register to Vote,” accessed August 18, 2024
- ↑ Montana Code Annotated 2021, "Section 13-13-114." accessed August 18, 2024
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