Second amendement laws under consideration for 2015

An update from Senator Fielder

Within the next few months, new laws will be drafted for consideration of Montana’s 2015 legislature which convenes in early January. Several state laws are being considered to better define local-federal law enforcement protocols and protect gun rights of Montanans. I am interested in your input on the following four proposals advocated by Montana Shooting Sports Association:

Prohibit enforcement of new federal gun laws by Montana public employees: For years there’s been efforts at the federal level to implement a variety of new gun restrictions in every state such as limiting magazine capacity, outlawing modern firearm s, banning common bullets, limiting the number of firearms a person can own, requiring national gun registration, and other increased restrictions on firearms ownership.

According to Montana Shooting Sports Association, the principle has already been established by the U.S. Supreme Court (Printz v. US) that the federal government may not commandeer state and local government employees to implement federal programs. The proposed state legislation would prohibit Montana public employees from enforcing, or assisting to enforce, any additional federal firearms restrictions in Montana.

Allow safe travel to work and employee property right inside private vehicles: Many private employers have made it a termination offense for an employee to have a firearm locked in the employee’s vehicle if that vehicle is parked in a company parking lot, even though employers assume no responsibility for employee safety during travel to and from work. This proposal recognizes that employees have a property right to what they choose to carry in their vehicles, whether Bibles, newspapers, or firearms. The bill affirms each person’s right to be equipped to provide for their own personal protection when traveling to and from work. Employers would be prohibited from firing employees only because that employee has a firearm locked in a privately owned vehicle in a company parking lot.

Prohibited Places: State statute at MCA 45-8-328 allows anyone to carry a firearm openly in listed “prohibited places”, but does not allow those who have taken training, had a background check, and obtained a concealed weapon permit (CWP) to exercise their concealed carry in the same places. Many law abiding firearms owners prefer to discretely carry concealed weapons so they do not attract unwanted attention. This legislation proposes that CWP holders can carry their concealed weapon in the same places that open carry is allowed.

Establish “Sheriffs First” Public Trust Law Enforcement Protocol: Many citizens and legislators are concerned about the increasing militarization, unconstitutional behavior, and overall disconnect between federal law enforcement officials and local citizens.

Given the locally elected county sheriff is generally more accountable to the public and familiar with the people, resources, and special circumstances within his jurisdiction, many states have affirmed the County Sheriff’s status as the chief law enforcement officer in each county. Under this proposed legislation, federal officers would be required to notify and obtain written permission from the local sheriff before conducting federal law enforcement operations in that sheriff’s county.

The legislation would define the communication protocol and provide County sheriffs’ with the means necessary to carry out this duty effectively. The law would not apply when a federal officer witnesses a crime that requires an immediate response, or if the sheriff or his personnel are under investigation. It would also exclude Indian reservations, U.S. Military installations, Border Patrol, Immigration and Naturalization Service, and close pursuit.

I would like to hear your thoughts on these proposed laws and whether or not you believe the legislature should pass them. You can reach me by email at sen.jfielder@legmt.gov, by phone at 406 210-5944, or sign in and leave your comments on my web site at www.jenniferfielder.us.