Bill Summary – FastDemocracy

67th Legislature                                                                                                       SB 223.1
                                                    SENATE BILL NO. 223
                                               INTRODUCED BY T. GAUTHIER
  3
   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING FIREARMS LAWS; CREATING A PROCESS FOR
   QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS TO MAINTAIN THEIR FIREARMS QUALIFICATION
   AND MAINTAIN THEIR ABILITY TO CARRY CONCEALED AFTER RETIREMENT AS IF THEY WERE
   ACTIVE PEACE OFFICERS.”
  8
   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 10
              NEW SECTION. Section 1.         Firearms certificates for qualified retired law enforcement officers.
   (1) The purpose of this section is to establish a process for issuing proof of firearms qualifications to a resident
   of the state who is otherwise a qualified retired law enforcement officer as defined in 7-32-201, or a peace
   officer as defined in 46-1-202, under the Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B
   and 926C, for the purpose of satisfying the qualification requirements contained in that act.
              (2)   A retired law enforcement officer or peace officer satisfies the federal certification requirements if
   they possess a valid firearms qualification certificate that:
              (a)   uses a current target from any law enforcement agency in the state that may be used by a certified
   firearms instructor that is qualified to conduct a firearms qualification test for active-duty officers within the state
   that indicates that the individual has, not less than 1 year before the date the individual is carrying the
   concealed firearm, been tested or otherwise found by the state or a certified firearms instructor that is qualified
   to conduct a firearms qualification test for active duty officers within the state to have met the requirements
   under the Federal Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 926C;
              (b)   provides that either a law enforcement agency as defined in 7-32-201 or an individual or entity
   certified to provide firearms training as provided in 37-60-101 acknowledges that the bearer has been found
   qualified or otherwise found to meet the standards established by the firearms qualification for the peace officer
   basic course at the Montana law enforcement academy; and
              (c)   complies with the time restrictions provided under subsection (3).
                                                                    -1-                     Authorized Print Version – SB 223
67th Legislature                                                                                                     SB 223.1
              (3)   The firearms certification is valid for a period of 1 year from the date that the law enforcement
   agency or individual or entity verified that the firearms qualification standards were met by the bearer on an
   equivalency course of fire established by any law enforcement agency in the state as an appropriate standard
   duty qualification course as it would relate to qualified retired officers. The date of the successful qualification
   must be on the certification card.
              (4)   The retired law enforcement officer or peace officer is responsible for paying the costs of the
   firearms qualification required under subsection (2).
  8
              NEW SECTION. Section 2.         Codification instruction. [Section 1] is intended to be codified as an
   integral part of Title 44, and the provisions of Title 44 apply to [section 1].
                                                            - END -
                                                                   -2-                     Authorized Print Version – SB 223