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68th Legislature 2023 SB 400.1
1 SENATE BILL NO. 400
2 INTRODUCED BY J. FULLER
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING CONCEALED CARRY LAWS; EXTENDING THE TIME
5 PERIOD A CONCEALED WEAPONS PERMIT IS VALID FROM 4 YEARS TO 5 YEARS; AND AMENDING
6 SECTION 45-8-321, MCA.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10 Section 1. Section 45-8-321, MCA, is amended to read:
11 "45-8-321. Permit to carry concealed weapon. (1) A county sheriff shall, within 60 days after the
12 filing of an application, issue a permit to carry a concealed weapon to the applicant. The permit is valid for 4
13 years 5 years from the date of issuance. An applicant must be a United States citizen or permanent lawful
14 resident who is 18 years of age or older and who holds a valid Montana driver's license or other form of
15 identification issued by the state that has a picture of the person identified. An applicant must have been a
16 resident of the state for at least 6 months. Except as provided in subsection (2), this privilege may not be
17 denied an applicant unless the applicant:
18 (a) is ineligible under Montana or federal law to own, possess, or receive a firearm;
19 (b) has been charged and is awaiting judgment in any state of a state or federal crime that is
20 punishable by incarceration for 1 year or more;
21 (c) subject to the provisions of subsection (6), has been convicted in any state or federal court of:
22 (i) a crime punishable by more than 1 year of incarceration; or
23 (ii) regardless of the sentence that may be imposed, a crime that includes as an element of the
24 crime an act, attempted act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual
25 abuse, or sexual intercourse or contact without consent;
26 (d) has been convicted under 45-8-327 or 45-8-328, unless the applicant has been pardoned or 5
27 years have elapsed since the date of the conviction;
28 (e) has a warrant of any state or the federal government out for the applicant's arrest;
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68th Legislature 2023 SB 400.1
1 (f) has been adjudicated in a criminal or civil proceeding in any state or federal court to be an
2 unlawful user of an intoxicating substance and is under a court order of imprisonment or other incarceration,
3 probation, suspended or deferred imposition of sentence, treatment or education, or other conditions of release
4 or is otherwise under state supervision;
5 (g) has been adjudicated in a criminal or civil proceeding in any state or federal court to be
6 mentally ill, mentally disordered, or mentally disabled and is still subject to a disposition order of that court; or
7 (h) was dishonorably discharged from the United States armed forces.
8 (2) The sheriff may deny an applicant a permit to carry a concealed weapon if the sheriff has
9 reasonable cause to believe that the applicant is mentally ill, mentally disordered, or mentally disabled or
10 otherwise may be a threat to the peace and good order of the community to the extent that the applicant should
11 not be allowed to carry a concealed weapon. At the time an application is denied, the sheriff shall, unless the
12 applicant is the subject of an active criminal investigation, give the applicant a written statement of the
13 reasonable cause upon which the denial is based.
14 (3) An applicant for a permit under this section must, as a condition to issuance of the permit, be
15 required by the sheriff to demonstrate familiarity with a firearm by:
16 (a) completion of a hunter education or safety course approved or conducted by the department of
17 fish, wildlife, and parks or a similar agency of another state;
18 (b) completion of a firearms safety or training course approved or conducted by the department of
19 fish, wildlife, and parks, a similar agency of another state, a national firearms association, a law enforcement
20 agency, an institution of higher education, or an organization that uses instructors certified by a national
21 firearms association;
22 (c) completion of a law enforcement firearms safety or training course offered to or required of
23 public or private law enforcement personnel and conducted or approved by a law enforcement agency;
24 (d) possession of a license from another state to carry a firearm, concealed or otherwise, that is
25 granted by that state upon completion of a course described in subsections (3)(a) through (3)(c); or
26 (e) evidence that the applicant, during military service, was found to be qualified to operate
27 firearms, including handguns.
28 (4) A photocopy of a certificate of completion of a course described in subsection (3), an affidavit
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68th Legislature 2023 SB 400.1
1 from the entity or instructor that conducted the course attesting to completion of the course, or a copy of any
2 other document that attests to completion of the course and can be verified through contact with the entity or
3 instructor that conducted the course creates a presumption that the applicant has completed a course
4 described in subsection (3).
5 (5) If the sheriff and applicant agree, the requirement in subsection (3) of demonstrating familiarity
6 with a firearm may be satisfied by the applicant's passing, to the satisfaction of the sheriff or of any person or
7 entity to which the sheriff delegates authority to give the test, a physical test in which the applicant
8 demonstrates the applicant's familiarity with a firearm.
9 (6) A person, except a person referred to in subsection (1)(c)(ii), who has been convicted of a
10 felony and whose rights have been restored pursuant to Article II, section 28, of the Montana constitution is
11 entitled to issuance of a concealed weapons permit if otherwise eligible."
12 - END -
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Statutes affected:
SB0400_1.pdf: 45-8-321
Introduced: 45-8-321