MT - HB 228 - Self Defense Bill Signed By Our Governor S.!

[Catherine]

Sender: Gary Marbut-MSSA <mssa@mtssa.org>
Subject: OK, break out the champagne
Date: Tue, 28 Apr 2009 13:34:51 -0600
To: mssa@mtssa.org

Dear MSSA Friends,

It's confirmed. The Governor signed HB 228, our Self Defense bill, this morning. The fat lady has sung, and it's time to celebrate.

http://data.opi.mt.gov/bills/2009/billhtml/HB0228.htm

There are a lot of people to thank for the passage of HB 228.

First, thanks to all of YOU for your staunch support. Thanks for traveling to Helena to testify, and thanks for the avalanche of messages to committee members and other legislators. Legislators report that they received more messages in support of HB 228 than for ANY other bill, ever. YOU made a difference!!

Second, thanks to sponsor Rep. Krayton Kerns (R-Billings) for doing a great job of carrying the bill. He invested a LOT of effort in HB 228.

Third, thanks to the NRA for (finally) supporting this landmark legislation. The NRA was fully onboard and fully engaged this session, especially the NRA State Liaison for Montana, Brian Judy who has long been a friend to Montana gun owners, even when the NRA in D.C. was hanging back.

Fourth, thanks to Rep. Deb Kottel (D-Great Falls) for her heroic support of HB 228, in both the House and Senate. Deb's support made a LOT of difference and showed some other Democrats that HB 228 was NOT a partisan, party-line issue, but a "people" issue.

Fifth, thanks to all those other legislators who enthusiastically supported HB 228 and never wavered on the principles involved.

Sixth, thanks to those brave law enforcement professionals who bucked the current and came out publicly in favor of HB 228

Finally, thanks to Governor Schweitzer for signing HB 228, both for doing what he promised in MSSA's Candidate Questionnaire, AND for being a true Montanan by supporting HB 228.

It wouldn't be amiss for every one on this list to send a one-line email to Rep. Kerns and Rep. Kottel thanking them for their valiant support of HB 228.
"Krayton Kerns" <drkerns@rbbmt.org>
"Deborah J. Kottel" <Debk@cccsmt.org>

Put "Thanks for HB 228" in the Subject line.

BTW, thumbs down for the few law enforcement administrators and prosecutors who are so afraid of armed citizens that they lied and claimed end-of-life-on-Earth in opposing HB 228. You need to work locally to replace these people. They just don't have a Montana attitude.

Whew!! I think it's time now to go burn some powder (if there's any available).

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

[Catherine]

Dear Montana people and Gary M.,

Thank you for your hard work!

May God bless all of you.

Yours in liberty,

Catherine
Montana Shooting Sports Association Member
http://www.mtssa.org/

http://www.wmfg.org/

[armoredman]

Well done, sounds fantastic!

[csmkersh]

Well done, Montana! Well done.

[phoglund]

I've been waiting to hear this since the bill was sent to the Governor's desk.

Thanks Governor Schweitzer!!

Cold, snowy, wet day for "burning power" but I'd probably do it anyway if I wasn't working today!

I'll settle for a couple of beers after work! WooHoo!!

[Catherine]

Sender: Gary Marbut-MSSA <mssa@mtssa.org>
Subject: What's in HB 228?
Date: Thu, 30 Apr 2009 23:43:45 -0600
To: mssa@mtssa.org

Dear MSSA Friends,

Several of you have emailed me to ask what we actually got when the Governor signed HB 228.

Here's what we got:

1. A clear policy statement by the Legislature that self defense is a natural right and that self defense by citizens reduces crime.

2. A clear policy statement by the Legislature that the right to bear arms in Montana is a fundamental (important legal term) and individual right.

3. Reversal of guilty-until-proven-innocent for people defending themselves. This provision requires the state to prove beyond a reasonable doubt that a person defending herself or himself was NOT justified in using force, rather than before, that defenders must have proven that they were justified in using force. Trust me, this is very important.

4. Legislative declaration of policy that a defender has no duty to summon help or flee before using force to defend, in any place the defender is lawfully.

5. Open carry is legal. This has been presumed in Montana, but never stated in law. People have been arrested for open carry. HB 228 will settle that issue for good.

6. A defender may announce "I have a gun," with no more fear of prosecution under Montana's overbroad felony "Intimidation" statute.

7. Defensive display. A person may show an attacker that the defender is armed, and may even draw the gun and still be clearly on the right side of the legal line if the defender genuinely fears attack.

8. Requirement that when police investigate a scene where self defense is claimed, investigators must collect evidence that may support a claim of self defense as well as any other evidence.

9. Improved conditions for a defender to use force in any occupied structure. This applies to all occupied structures, not just a dwelling.

10. Police may not destroy any firearms seized. Any firearms seized must either be returned to the rightful owner or sold back into the marketplace.

11. Landlords may not prevent tenants from possessing firearms. This not only protects travelers staying in motels, but also protects those who cannot afford to own their own homes.

12. Restoration of the right to bear arms for people convicted of non-violent crimes who have done their time and been released from state supervision. This will not apply to a person who committed a crime of violence or a crime where a weapon was used.

13. The ability to use reasonable force to effect the citizen's arrest of a person believed to have committed a crime - to be able to hold the person until law enforcement can be summoned (as happened recently in Thompson Falls).

14. An immediate effective date. All of this became effective while the ink from the Governor's signature was drying.

All in all, that's quite a bit.

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

~~~~~

Catherine
Montana Shooting Sports Association Member

[modifiedbrowning]

Yee-haw! Great news.

[RightWingPunk]

12. Restoration of the right to bear arms for people convicted of non-violent crimes who have done their time and been released from state supervision. This will not apply to a person who committed a crime of violence or a crime where a weapon was used.

isn't this trumped by federal law? the part about being in jail for more than 2 years?

[Catherine]

RW Punk,

I don't know the answer to your question. Sorry.

As far as I am concerned... some laws should be changed - big time. If you are safe enough to be OUT on the streets IF you were in JAIL or in a Mental Institution - let go and RELEASED from either place (Jail or Nut House.) - your FULL RIGHTS should be restored - all of them. You paid for your time by serving your sentence as a criminal or as a patient if you were HEALED. If you are safe enough to be Out on the Street, work, drive a vehicle, function as a normal citizen, etc. - you should have all of your rights restored.

If you are so bad, a mean criminal, a vicious killer, etc. - you have to stay in JAIL or if a person like Manson and his ILK... you stay in jail or get HUNG from the highest tree in the public square. Manson should have been LONG gone by now (Death Penalty. Hung or shot!)... not living on the taxpayers money. Vicious killers like him should not just get a 'go to sleep and die shot' to kill them for a Death Penalty Sentence as far as I am concerned. I know that his sentence was reversed by some CA judge or law.

If you are so INSANE or nuts or bad off mentally - you have to stay in the insane asylum... you stay INSIDE of the asylum because you are a safety hazard to the public. If you are healed and safe to be on the Outside... your full rights should be restored.

Catherine
PS: If you want to talk about nut jobs, puppets, warmongers, killers, etc. - most of the people in Congress and in the White House (Most administrations.) should be held accountable for war crimes, Constitution breaking/voiding/shredding/ignoring and tons of other Crimes Against the Public - Americans and world wide too. They are FELONS as far as I am concerned not merely Traitors.

[Catherine]

I was given permission to post ALL of this information by Gary M.

This 'complaint' is a crock of dung!

This is for the old readers here (THR.us) and the NEW readers that heard about this issue when I called into a radio show discussing this 'complaint', reading this MSSA email over the air, discussing other pro gun and other pro liberty issues.

Yours in liberty,

Catherine
Montana Shooting Sports Association Member
Armed and Female
Montana Territory for now...


Sender: Gary Marbut-MSSA <mssa@mtssa.org>
Subject: Complaint filed against me
Date: Thu, 21 May 2009 10:23:58 -0600
To: mssa@mtssa.org

Dear MSSA Friends,

You may be interested to know that a complaint has been filed against me by Jim Smith, the lobbyist for the Montana Sheriffs and Peace Officers Association (MSPOA). Smith's complaint to the Commissioner of Political Practices asserts that I illegally lobbied the Legislature, and violated Montana law, because I was not registered with the Commissioner as a lobbyist.

Pasted below are two letters to the Commissioner in response to the complaint, one letter I WILL send (out in the mail today), and another letter I really wanted to send but decided not to. These letters will explain the situation.

I consider this complaint to be an attack by the MSPOA, and an ill-considered attempt to harass, intimidate, and maybe silence me (and via me, you).

Best wishes,

Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com

====================================
On MSSA letterhead
This is the letter I DID send to the CPP

May 21, 2009

Mr. Dennis Unsworth
Commissioner of Political Practices
P.O. Box 202401
Helena, Montana 59620

Re: Complaint by Jim Smith

Dear Commissioner Unsworth,

I have reviewed the complaint filed by Jim Smith of the Montana Sheriffs and Peace Officers Association accusing me of illegally lobbying without being registered with your office.

Specifically excluded from the definition of a lobbyist is any individual who receives payments from one or more persons that total less than the amount specified under Mont. Code Ann. 5-7-112 in a calendar year. I received no payments for my activities on behalf of MSSA before the Montana Legislature. My time was donated. Thus, I am not a "lobbyist", as that term is defined in the Montana Code.

I request the complaint be dismissed.

Sincerely,


Gary Marbut

=========================

This is the letter I DID NOT send (but I really wanted to).

DRAFT - unsent


May 21, 2009


Mr. Dennis Unsworth
Commissioner of Political Practices
P.O. Box 202401
Helena, Montana 59620

Dear Commissioner Unsworth,

I am in receipt of your letter of April 29, 2009, referring to the complaint filed against me by Jim Smith who is a lobbyist for and represents the Montana Sheriffs and Peace Officers Association and the Montana County Attorneys Association.

Thank you for giving me a chance to respond to this complaint.

Smith's complaint alleges that:

1) I appeared before legislative committees speaking in favor of or opposed to various legislation as a representative of the Montana Shooting Sports Association,

2) I am not registered with your office as a lobbyist, and

3) By doing so I must have violated some laws.

Points 1) and 2) are correct. Point 3) is a mistake on the part of Mr. Smith, made for reasons I will explain.

The Montana Shooting Sports Association (MSSA), is, as the name states, an association of people interested in specific topics. Because MSSA is, in fact, an association of individuals, its activities are protected by the freedom of association that the people have reserved to themselves from government interference in the First Amendment to the U.S. Constitution (which applies to the states through "incorporation") and in Article II, Section 3 and Section 7 of the Montana Constitution.

I am not an employee of MSSA. I am an elected officer - the President. I am also Chairman of the Board of Directors. These are both volunteer positions. I often characterize my political activities in Helena as those of a "citizen advocate." I do not hold a paid position with MSSA. I am not compensated, at all, by MSSA for the time I spend in Helena attempting to advance the interests of MSSA members and other citizens of Montana.

In that capacity, I am exercising the freedom of speech the people have reserved to themselves from government interference also in the First Amendment to the U.S. Constitution (also incorporated as applicable to the states), and Article II, Section 6 of the Montana Constitution. Not only am I exercising free speech, I am exercising political free speech, a category of free speech that has been most highly protected and prized speech by the courts and our society.

And, in addition to the fact that I don't get paid by MSSA (or anyone else) to advocate for citizens in Helena, I forego significant personal income because of the time I spend traveling, spend in Helena, and spend communicating with legislators and MSSA members. I lose money at this; I don't make money.

On most of the occasions when I testified before committees of the 2009 Legislature, I reported that I was speaking also on behalf of the following organizations and their members (more freedom of speech exercise):

Montana Shooting Sports Association, Gun Owners of America, Citizens Committee for the Right to Keep and Bear Arms, Weapons Collectors Society of Montana, Montana Rifle and Pistol Association, Montana Women's Shooting Association, Western Montana Fish and Game Association, Big Sky Practical Shooting Club, Custer Rod and Gun Club, Big Muddy Practical Shooting Association, Richland County Sportsmens Club, Bigfork Gun Club, Samuel Whitamore Memorial Range in Three Forks, Gallatin County Campaign for Liberty, MSU Young Americans for Liberty. For the record, none of these organizations paid me as much as one dime for the time I spent in Helena.

I cannot locate any laws in the Montana Codes Annotated that require a citizen, or a citizen operating as a volunteer, to register with your office and pay a fee to be allowed to offer an opinion to the Legislature or legislators. I believe no such law exists. If such a law did exist, it certainly would not long be tolerated by the courts.

Smith is also correct that I did send emails to MSSA members across Montana about issues of interest before the Legislature. If it matters, I sent those messages from my personal computer to people who have asked to be on the MSSA email information list, yet another exercise in free speech. Since I was reporting on events in Helena, that exercise may also fall within the reserved freedom of the press.

The real issue is that Mr. Smith is a sore loser. He's feeling snitty because the measure MSSA supported, and he unsuccessfully opposed on behalf of the MSPOA and the MCAA, was approved by the Legislature and signed by the Governor. HB 228 is now the law in Montana, despite Mr. Smith's recorded but unsuccessful opposition.

When testifying before the House Judiciary Committee in opposition to HB 228, Mr. Smith asserted that his employers "pay me well" for lobbying. Others may judge whether that payment is well spent by his employers. More important, it appears that Mr. Smith simply cannot comprehend that ordinary citizens will commit time and effort simply to assert important principles, principles enshrined in the Montana Constitution. I guess it takes a person of principle to recognize another. Mr. Smith, on the other hand is a mercenary - a hired gun - in his lobbying endeavors, and apparently assumes that anyone else in the same arena must be a mercenary too. That, of course, is a seriously flawed assumption on the part of Mr. Smith, but personally consistent with the equally flawed assumptions he voiced about HB 228.

Mr. Unsworth, this complaint filed by Mr. Smith is clearly frivolous. It is unfortunate Mr. Smith chose to waste your time with it. He has my phone number. He could have called me to clear this up. Instead, he opted to attempt to use the power of a government agency to harass me (not a surprising choice for Mr. Smith). We will leave for another day the question of whether or not he has slandered me or attempted to damage my reputation. However, if you have a mechanism available to sanction people who file frivolous complaints, I request that you apply that mechanism to Mr. Smith.

Mr. Unsworth, having had considerable experience in arena of public policy formulation, here's what I suspect is actually going on: Mr. Smith persuaded his employers, MSPOA and MCAA, that HB 228 was a dangerous bogeyman demanding opposition in order to impress those employers with need to freely spend the "good money" those employers pay him. Having broken the MSPOA and MCAA lance against the windmill of HB 228, and having recklessly squandered the finite political capital of MSPOA and MCAA in this losing effort, Smith must now claim that he was operating on an unfair, unlevel playing field in order to justify to his employers why he failed to destroy the windmill he'd sworn was actually a fierce dragon. I suspect that Smith is being called on the carpet by his employers for having wasted their influence on HB 228 when other legislative issues were practically more important to them. Blaming me for his failure in judgment and ability is Mr. Smith's excuse to his employers. The complaint filed is simply the formalization of that excuse.

Frankly, this reminds me of the time the Montana Human Rights Network accused me of being a racist, coincidentally the very same week that MSSA endorsed Dr. Alan Keyes for President and when Dr. Keyes was a guest in my home. Like that incident, if this weren't so venal it would be hilarious.

Sincerely yours,




Gary Marbut, President

Cc: MSSA Board of Directors
MSSA members
Organizations listed on Page 1
Associated Press
Chairman, Senate Judiciary Committee
Chairman, House Judiciary Committee
Chairman, Senate Legislative Administration Committee
Chairman, House Ethics Committee

[Catherine]

Montana people and MSSA members!

Send some letters out and tell the 'powers that be' that this 'complaint' is ridiculous!

That is my own opinion in this matter.

Catherine