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Home My WebLink About21- Ordinance 2076 Generally Revising Regulation of Firearms and Other WeaponsORDINANCE 2076 Page 1 of 6 ORDINANCE 2076 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, GENERALLY REVISING THE REGULATION OF FIREARMS AND OTHER WEAPONS IN CITY FACILITIES, REVISING DEFINITIONS, AND PROVIDING FOR SCREENING AND DENIAL OF ENTRY TO CITY FACILITIES FOR NON-COMPLIANCE. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to establish programs and laws to protect public the health, safety and welfare of the citizens of Bozeman; and WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, the citizens of the State of Montana voted to approve Legislative Referendum 130 (LR130) in November 2020, which became effective immediately January 1, 2021 and removed a local government’s power under §7-1-111, MCA to regulate the carry of permitted concealed firearms and limited the locations and situations where a local government may regulate the open carry of a firearm and/or the unpermitted concealed carry of a firearm; and WHEREAS, the Montana Legislature passed, and Governor Gianforte signed into law, House Bill 102 (“HB 102”) which became effective February 18, 2021 and further limited the authority of local governments to restrict locations where firearms, including open carry, permitted carry, and unpermitted concealed carry could be prohibited; and WHEREAS, pursuant to §45-8-351(2)(a), MCA the City has power to prevent and suppress the carrying of unpermitted concealed weapons and the carrying of unconcealed weapons to a publicly owned and occupied building under its jurisdiction; and DocuSign Envelope ID: 8341A400-7335-485C-B86E-DD74DF02A5F7 ORDINANCE 2076 Page 2 of 6 WHEREAS, the Commission recognizes definitions exist in state law for the terms “occupied structure” pursuant to §45-2-101(47) MCA and “building” pursuant to §51-60-101(2), MCA, and finds those definitions instructive when articulating the City’s authority to regulate firearms in city facilities; and WHEREAS, pursuant to §45-8-352(2), MCA the City has power to prohibit the possession of knives in property or in a building it, owns, leases, or possesses; and WHEREAS, the City Commission finds it necessary for the health and safety of City employees and members of the public accessing city facilities to exercise its authority to prohibit firearms and other weapons wherever authorized to do so. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Chapter 24, Article 7, Division 2: Weapons be renumbered and the table of contents shall reflect the following: Sec. 24.07.150 Discharge of airguns prohibited when. Sec. 24.07.160 Weapons in city facilities. Sec. 24.07.170 Discharge of firearms prohibited; exceptions Sec. 24.07.180 Bows and crossbows and other devices Sec. 24.07.190 Penalties Section 2 That Sec. 24.07.160 of the Bozeman Municipal Code be repealed and replaced as follows: Section 24.07.160. Weapons in city facilities. A. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. 1.“City facility” means any City owned and occupied building or structure, and any building or structure leased and occupied by the City where a governmental function, public service, or public event is held. The use of a city owned or leased building or structure by employees or members of the public, even if for limited periods of time, is considered continual occupation of the building or structure. The term “city facility” DocuSign Envelope ID: 8341A400-7335-485C-B86E-DD74DF02A5F7 ORDINANCE 2076 Page 3 of 6 includes the grounds immediately adjacent to city owned or leased buildings or structures, including pathways leading to entrances. “Building” shall have the meaning prescribed in §50-60-101, MCA. 2. "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of any explosive; the frame or receiver of any such weapon; and any firearm muffler or firearm silencer. The term “firearm” includes, but is not limited to, a pistol, revolver, rifle, shotgun or machine gun as defined in §45-8-302, MCA. 3. “Other weapon" includes, but is not limited to, a knife with a blade over 4 inches; a sword; a straight razor; a throwing star; nunchucks; and brass or other metal knuckles. The term “other weapons” includes a destructive device as defined in 45-8-332(1), MCA, or any other article or instrument possessed with the purpose to commit a criminal offense. B. Prohibition of firearms and other weapons in city facilities. The open carry of a firearm or possession of an unpermitted concealed firearm by any person in a city facility is prohibited. The open or concealed carry of other weapons by any person in a city facility is prohibited. A person with a valid permit to carry a concealed firearm issued pursuant to §45-8-321, MCA or §45-8-329, MCA is prohibited from carrying a concealed firearm in restricted areas of a city facility including a courtroom or other area used by court personnel, pursuant to a court order, and secure areas of a law enforcement facility owned and operated by the city. C. Screening for firearms and other weapons. Screening for firearms and other weapons at city facilities is permissible. The city manager may determine the circumstances and locations where screening is required and may establish standards for such screening. The City may, in the discretion of its employees or officials acting within their official capacity, deny entrance into a city facility to a person who, in a city facility: (i) possesses an openly visible firearm; (ii) possesses an unpermitted concealed firearm; (iii) possesses any other weapon; or (iv) possesses a permitted concealed weapon in locations of city facilities that have been restricted pursuant to court order or state law. The City may require a person to present proof of a valid permit to carry a concealed firearm in a city facility. Refusing to provide a city employee or official proof of a valid permit to carry a concealed firearm is the basis for denial of entry to the city facility. D. Exceptions. The provisions of subsection B of this section does not apply to: 1. Any peace officer of the state; 2. Any officer of the United States government authorized to carry a concealed firearm or other weapon; 3. Any member of the armed services or reserve forces of the United States or National Guard, while in the performance of their official duties; 4. A probation or parole officer authorized to carry a firearm under §46-23-1002, MCA; 5. An agent of the state department of justice; 6. A person authorized by the chief of police to carry or possess an unconcealed weapon on city property. DocuSign Envelope ID: 8341A400-7335-485C-B86E-DD74DF02A5F7 ORDINANCE 2076 Page 4 of 6 7. Persons authorized by the city manager for trainings, education courses, or other events such as gun shows approved to occur in city facilities. Persons with exceptions to possess firearms or other weapons in a city facility may be screened pursuant to subsection C and required to provide identification and qualifications upon request of a city employee or official. E. Signage. Signs providing notice of the prohibitions of this section shall be posted at city facilities. Section 3 That Sec. 24.07.190 – “Penalty” be added as follows: Sec. 24.07.190. Penalty. A violation of a prohibition of this division is a misdemeanor punishable by up to six months in jail or a fine not to exceed $500 or both. Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so DocuSign Envelope ID: 8341A400-7335-485C-B86E-DD74DF02A5F7 ORDINANCE 2076 Page 5 of 6 decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. The provisions of Sections 1, 2 and 3 shall be codified as appropriate in Chapter 24 of the Bozeman Municipal Code. Section 7 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 22nd day of June, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 8341A400-7335-485C-B86E-DD74DF02A5F7 ORDINANCE 2076 Page 6 of 6 FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session therefor held on the 20th day of July, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 8341A400-7335-485C-B86E-DD74DF02A5F7