Senate Bill No. introduced by W. Galt amends Section 23-2-302 of the Montana Code Annotated to prohibit the discharge of firearms under specific conditions on Class II waterways. The bill stipulates that the public's right to recreational use of Class II waters does not include the discharge of a firearm within 500 yards of an inhabited dwelling or an outbuilding in close proximity to an inhabited dwelling, with the clarification that temporary absences of inhabitants do not render a dwelling uninhabited. This new provision is added to the existing limitations on recreational activities in these areas, which already include restrictions on big game hunting, overnight camping, and the placement of seasonal objects.
In addition to the new firearm discharge prohibition, the bill maintains existing regulations that protect landowner rights and public safety. It emphasizes that the public's right to use surface waters does not grant any easement or right to cross private property for recreational purposes. The commission is also tasked with adopting rules to govern recreational use of Class I and Class II waters, ensuring that public health and safety are prioritized while allowing for the management of recreational activities in these waterways.
Statutes affected: LC Text: 23-2-302
SB0480_1(1): 23-2-302
SB0480_1(2): 23-2-302
SB0480_1(3): 23-2-302
SB0480_1: 23-2-302