During their Dec. 7 meeting, City Commissioners will consider setting a public hearing on a proposed ordinance change regarding firearms.

The commission will be asked to accept the proposed ordinance on first reading and set a public hearing for Dec. 21.

The change is largely due to changes in state law, including Legislative Referendum 130 in the November 2020 general election and HB102 in the 2021 legislative session.

City staff proposing changes to several sections of city code

LR 130 “significantly restricted” the legal authority of local governments to regulate the possession of firearms and HB102 “extended the right to carry concealed weapons in Montana to individuals without a concealed carry permit, and substantially limited the areas where concealed carry by a valid permit holder can be restricted,” according to the city staff report.

Staff discussed the ordinance with commissioners during their Aug. 17 work session and the proposed ordinance will update the current city code to comply with the new state laws.

County approves changes to weapons ordinance, effective in 30 days

Before the law changes, local governments could prohibit the carrying on both unconcealed and concealed, permit or not, “to a public assembly, publicly owned building, park under its jurisdiction or school,” according to the staff report.

The state law has been changed to now only authorize restrictions on the carrying of unpermitted concealed weapons and unconcealed weapons; and the application of those restrictions only in a publicly owned and occupied building.

The law change means local government can no longer impose carry restrictions at public assemblies, parks or schools.

There is federal law and local school board policy prohibiting weapons, specifically, firearms in schools, according to Tom Moore, superintendent of Great Falls Public Schools.

The proposed ordinance allows the city to prohibit the carrying of concealed weapons by a valid permit holder in a secure area of a law enforcement facility owned and operated by the city and within a courtroom or an area of a courthouse in use by court personnel.

The proposed ordinance implements the state law language that authorizes the city to prohibit weapons, including permitted concealed carry, in secure areas of law enforcement facilities. The restrictions in a courtroom and courthouse areas must be imposed pursuant to an order of a judge, and Judge Steve Bolstad has already issued a Standing Order to that effect for the Civic Center, according to the staff report.

The proposed ordinance also adds language to authorize the city manager to direct and implement screening measures and authorize the denial of entry to city facilities by those not legally authorized to carry a weapon in city facilities. The new language also includes the former statutory exceptions to concealed carry restrictions in certain
locations by law enforcement officials, according to the staff report.