Judge says part of firearms law is unconstitutional; state appeals

The Montana Department of Justice is appealing a state District Court judge’s decision that found a portion of legislation signed into law earlier this year regulating firearms on Montana’s university campuses is unconstitutional.

Lewis and Clark District Court Judge Michael McMahon on Tuesday issued a permanent injunction in the case filed by the Montana Board of Regents over House Bill 102 for segments of the law that stopped the board or university system from prohibiting the carrying of firearms on campuses. The decision does not affect other parts of the law that expand where both concealed and openly carried firearms may be possessed.

Republican lawmakers lauded HB 102 for its expansion of Second Amendment rights, which they said would increase the ability for citizens to defend themselves. In addition to blocking the Board of Regents from prohibiting the carrying of firearms, it greatly expanded where concealed firearms may be carried without a permit and allows permitted-carry in more places such as establishments that serve alcohol.

In May the Board of Regents filed suit, arguing HB 102 overstepped the board's authority to regulate aspects of the university system, including health and safety. Outside of police or security officers, the board currently prohibits carrying firearms on campuses.

Read more: https://helenair.com/news/state-and-regional/govt-and-politics/judge-says-part-of-firearms-law-is-unconstitutional-state-appeals/article_57014813-c344-5392-b084-c08219932c20.html
(Helena Independent Record)