Is this Montana's "make my day bill"?
http://www.missoulian.com/articles/2007/03/28/legislature/leg79.txt
Gun rights bill comes under fire
Posted on March 28
By MATT GOURAS of the Associated Press
HELENA - A well-known prosecutor trashed a proposed gun rights bill, saying Wednesday that supporters are using deceit to push the politically charged measure.
The Republican-backed bill aims to make it easier for Montanans to defend themselves with deadly force - but it's been wrapped up in partisan politics ever since the state Republican party used it as the centerpiece of an attack ad earlier this month against Democrats. It cleared the House, and is now before the Senate.
Yellowstone County Attorney Dennis Paxinos told the Senate Judiciary Committee that an argument used to get the bill out of the House is built on a false self defense claim.
Supporters had been pointing to a case in Billings where they said a woman who felt threatened was charged with a crime for simply brandishing a gun at a man who came to her door. They said the case is evidence that people are being charged with felonies just for protecting themselves.
Paxinos said the woman, Krystal Keithley, was actually a meth addict. She knew the man at the door was a maintenance man, but decided to ''go nutso'' anyway and threaten to shoot him after he twice knocked on her door asking she move a car.
He said the proposed gun rights bill gives new rights to criminals and will make it harder for prosecutors to charge criminals who would try to assert a new self defense right under the measure.
''I don't think we should be here saying the Krystal Keithleys of Montana should be causing harm to the Joe Blow maintenance people,'' Paxinos said. ''How (arguments supporting the bill) could be so warped and misconstrued, you are going to have to ask yourself that.''
Gary Marbut, head of the Montana Shooting Sports Association, said he originally advanced the Keithley case as a reason for the bill based on information from Carbon County Attorney Bob Eddleman. Eddleman told The Associated Press Wednesday that he only had second hand information on the case, and had told Marbut he doesn't really know the details.
Marbut said he has stopped using the argument as a reason the bill should be adopted now that Paxinos has disputed characterization of the events.
Marbut still strongly believes the new gun rights bill is needed, in particular to make sure it is OK for people to brandish a gun to defray a potential conflict and to put more burden on prosecutors to disprove claims of self defense.
''Laws should be clear so that people don't have to operate in the gray area,'' Marbut said.
The panel did not take immediate action on the bill, but could do so as early as Thursday.
Sponsor Rep. Jack Wells, R-Bozeman, has offered to work with county attorneys and law enforcement agencies who oppose the bill. He said supporters are mainstream Montanans that want to clear up gun laws.
''I don't think we are renegades at all, we're patriots,'' Wells said. ''We are good Americans and all we want is our rights maintained.''
Paxinos said the measure would let people shoot each other for a number of reasons, free of persecution.
''This is the make-my-day bill,'' he said.
He said the right of people to protect themselves is already ''beyond question'' in Montana law.
The bill is House Bill 340.
Gun rights bill comes under fire
Posted on March 28
By MATT GOURAS of the Associated Press
HELENA - A well-known prosecutor trashed a proposed gun rights bill, saying Wednesday that supporters are using deceit to push the politically charged measure.
The Republican-backed bill aims to make it easier for Montanans to defend themselves with deadly force - but it's been wrapped up in partisan politics ever since the state Republican party used it as the centerpiece of an attack ad earlier this month against Democrats. It cleared the House, and is now before the Senate.
Yellowstone County Attorney Dennis Paxinos told the Senate Judiciary Committee that an argument used to get the bill out of the House is built on a false self defense claim.
Supporters had been pointing to a case in Billings where they said a woman who felt threatened was charged with a crime for simply brandishing a gun at a man who came to her door. They said the case is evidence that people are being charged with felonies just for protecting themselves.
Paxinos said the woman, Krystal Keithley, was actually a meth addict. She knew the man at the door was a maintenance man, but decided to ''go nutso'' anyway and threaten to shoot him after he twice knocked on her door asking she move a car.
He said the proposed gun rights bill gives new rights to criminals and will make it harder for prosecutors to charge criminals who would try to assert a new self defense right under the measure.
''I don't think we should be here saying the Krystal Keithleys of Montana should be causing harm to the Joe Blow maintenance people,'' Paxinos said. ''How (arguments supporting the bill) could be so warped and misconstrued, you are going to have to ask yourself that.''
Gary Marbut, head of the Montana Shooting Sports Association, said he originally advanced the Keithley case as a reason for the bill based on information from Carbon County Attorney Bob Eddleman. Eddleman told The Associated Press Wednesday that he only had second hand information on the case, and had told Marbut he doesn't really know the details.
Marbut said he has stopped using the argument as a reason the bill should be adopted now that Paxinos has disputed characterization of the events.
Marbut still strongly believes the new gun rights bill is needed, in particular to make sure it is OK for people to brandish a gun to defray a potential conflict and to put more burden on prosecutors to disprove claims of self defense.
''Laws should be clear so that people don't have to operate in the gray area,'' Marbut said.
The panel did not take immediate action on the bill, but could do so as early as Thursday.
Sponsor Rep. Jack Wells, R-Bozeman, has offered to work with county attorneys and law enforcement agencies who oppose the bill. He said supporters are mainstream Montanans that want to clear up gun laws.
''I don't think we are renegades at all, we're patriots,'' Wells said. ''We are good Americans and all we want is our rights maintained.''
Paxinos said the measure would let people shoot each other for a number of reasons, free of persecution.
''This is the make-my-day bill,'' he said.
He said the right of people to protect themselves is already ''beyond question'' in Montana law.
The bill is House Bill 340.
0
-
I think in the case of the crack addict. said addict has lost there right to defend themselves. using a gun under the influence in self defense is and should be a SWI (Shooting While Intoxicated) Though the Make my day bill will give you certain legal rights to defend yourself in which you already have, you will still be held civilly liable. Those bills mean well but still leave everyone in the "GRAY". its all open for interpretation. 0 -
That bill number must be wrong. I looked it up and found this:
1999 Montana Legislature
About Bill -- Links
HOUSE BILL NO. 340
INTRODUCED BY S. ANDERSON
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE PRESERVATION OF MONUMENTS FOR THE PURPOSES OF LAND SURVEYS."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Monument preservation. (1) Prior to the time that a person engages in activity that will or is likely to disturb or destroy a monument or the accessories to a monument, the person shall engage a registered surveyor to:
(a) locate and reference the monument or the accessories to the monument; and
(b) file a corner record showing the location of the references to the monument or to the accessories to the monument.
(2) Within 30 days after a person has completed activity that has disturbed or destroyed a monument or the accessories to a monument, the person shall engage a registered surveyor to:
(a) restore or replace the monument or the accessories to the monument, using the references established in subsection (1)(b); and
(b) file a new corner record as required in 70-22-104.
NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 70, chapter 22, part 1, and the provisions of Title 70, chapter 22, part 1, apply to [section 1].
- END -0 -
Darned media. I just posted what they wrote and assumed the information on the bill number was accurate. [B)] 0
Please sign in to leave a comment.
Comments
3 comments