Aggressive gun-rights bill widely supported, opposed

published on Thursday, January 22, 2009 11:26 PM MST

By DANIEL PERSON Chronicle Staff Writer

HELENA - At a marathon hearing Thursday, backers and opponents of a bill to expand gun rights in Montana painted distinctly different pictures of the state and its gun laws.

Proponents of House Bill 228 said gun owners in Montana are now held captive by gray areas in Montana statute that could lead to them being prosecuted for defending themselves with their firearm, or even displaying a pistol to deter would-be attackers.

But opponents said the laws already on the books work, and that the expanded gun-rights bill would hamper law enforcement’s ability to prosecute people whom they believe had wrongly used a gun.

The bill, sponsored by Rep. Krayton Kerns, R-Laurel, is almost identical to a bill carried by then-Rep. Jack Wells, R-Bozeman, in the 2007 session.

If passed, the bill would, among other things:

= allow people to carry a concealed weapon without a permit;

= greatly strengthen self-defense protections in the state;

= allow people to display their gun to deter an attack;

= allow people to use a gun whenever at risk of physical harm;

= and, in shooting incidents in which the person who fired the gun claimed self defense, require the state to prove that it was not.

More than 20 people lined up to support the bill, including a representative from the National Rifle Association and private citizens from Eureka to Joliet.

“Too often, the victim becomes the criminal in our system,” said Brian Judy of the NRA.

Kerns told the House Judiciary Committee that Montana is made safer by armed citizens. He cited the recent shooting in Glasgow, and said while the assailant in that case killed one and wounded two others, a private citizen with a gun was reportedly able to prevent the shooter from causing more damage.

The bill was crafted by Gary Marbut, president of the Montana Shooting Sports Association. Marbut said he aims to clear up ambiguous parts of Montana’s gun law.

“We do have the right to bear arms, but there are gray areas in the law,” he said, including when it is OK to use a gun in self defense.

But Montana’s law-enforcement community, including Gallatin County Sheriff Jim Cashell, came out strongly against the bill at the hearing, saying it could escalate gun violence and make it easier for criminals to cite self defense to avoid prosecution.

Cashell said Montana cops already do a good job distinguishing when shootings are in self defense.

“Our job is to go in and sort these situations out, and we’re pretty good at it,” he said. “(HB) 228 creates an unreasonable burden.”

Dennis Paxinos, Yellowstone County attorney, said the bill fixes a problem that doesn’t exist.

“There is no case, there is no reason, for such a huge change in our criminal code,” he said.

Paxinos described a scenario in which two gangs approached each other in a public park. Under Kern’s bill, he said, it would be legal for both gangs to display their weapons to each other, then open fire.

“It eviscerates the tools we use now to combat these idiots,” he said.

He also took issue with a provision of the law that would require counties to cover attorney fees if a defendant claiming self defense is acquitted. Paxinos said that would have a “chilling effect” on prosecution.

Law-enforcement officials are supporting two other gun bills that also clarify self defense laws in Montana, but which are narrower in scope.

The committee took no action on Kerns’ bill.

Daniel Person can be reached at dperson@dailychronicle.com.

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