There wasn’t much doubt that he would, but still it’s nice to see. Like all laws passed in Montana, HB 631 will become the law of the land on October 1. Here’s the relevant portion of this bill:

Section 3. Right to bear arms protected — remedies. (1) The state may not burden a person’s right to bear arms unless the state proves that burdening the person’s right to bear arms furthers a compelling state interest and is the least restrictive means to further that interest.

(2)        A person whose right to bear arms has been burdened by the state, or is likely to be burdened by the state, in violation of subsection (1) may assert the violation or impending violation as a claim or defense against the state in a judicial proceeding. The person asserting the claim or defense may obtain appropriate relief, including but not limited to injunctive relief, declaratory relief, and compensatory damages.

(3)        A person who prevails on a claim to enforce the person’s rights under Article II, section 12, of the Montana constitution or [sections 1 through 3] must be awarded reasonable attorney fees and costs.

Section 2 defines the word “state”:

(5)        “State” means the state of Montana or any political subdivision or local government, municipality, or instrumentality of the state.

Whether this is operable for the date that the violation occurred, the date the lawsuit was filed, or the date that the court is determining whether attorney fees are to be paid is something I’ll leave for the lawyers.

This blog has already discussed that the Bozeman Streamline and The Bus in Billings will be subject to this law. HRDC’s desire to put the Bozeman Streamline into an urban transportation district passed during the last election by a wide margin. We can also add Missoula to that list of municipalities in conflict with state RKBA law. The letter that MSSA sent to Missoula regarding their no-guns policy on buses was ignored, so Missoula can expect to be sued in October. I’m guessing October is going to be a busy month for second amendment lawyers in Montana.

There are a substantial number of cities and towns across Montana that still have laws on the books restricting possession of firearms in open areas such as parks (distinct from restrictions of freedom of movement while armed). I suspect that the demand letters for those local governments to comply with state law will start to roll out soon. The only thing that has been stopping this kind of action is that lawsuits are expensive and governments know they have an endless supply of taxpayer money they can use to thumb their noses at the law. HB 631 becoming law puts that calculation on its head.

The taxpayers of these cities could save quite a bit of money if their governments would just comply with the law.