#MTGov Daily Rundown: Where does Bullock stand on the Missoula gun Ordinance?

Despite state law prohibiting local governments from instituting their own gun laws, the City of Missoula is going ahead with a plan to require full background checks on every gun sale within city limits. As critics have pointed out, the legality of such an ordinance is highly questionable.

"Opposing the ordinance included comments by a state representative of the National Rifle Association, Brian Judy, who said the ordinance violates state law.

'With regards to the legality, this ordinance we’ve already heard is in violation of state law,” Judy said. 'The attorney general has weighed in on this point. The city attorney and the sponsor are engaging in interpretive and linguistic gymnastics in an attempt to convince you that this proposal complies with state law.'" -KGVO, 9/26/2016

The Montana code states in 45-8-351:

(1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun.

Last year, when the ordinance was first being proposed, Attorney General Tim Fox expressed his opinion that the law, as it was being proposed then, violated state law.

"Montana Republican Attorney General Tim Fox broke his silence today on a proposed Missoula city ordinance that would make every gun purchase within city limits subject to a federal background check. Fox stated his opinion that the ordinance would violate state law.

“Contrary to the opinion of the City Attorney, who I respect, I believe that Missoula’s proposed gun ordinance is prohibited by state law and likely violates our constitutional right to keep and bear arms,” Fox stated in a press release." -Media Trackers, 10/15/2015


The Missoulian editorial board was also critical of the initial proposal last fall, saying that the law was likely illegal, would be ineffective, and would only serve as a wedge issue to divide Missoulians.

"Missoula's City Council is on the wrong path with a proposed ordinance that would require background checks on all gun sales and transfers within city limits.

The intent, as stated in the draft ordinance, is to ensure that "felons, minors, and people adjudicated as mentally ill" - in other words, people who are not supposed to have guns - cannot get guns from sources other than federally licensed firearms dealers, who are already required to run background checks.

Unfortunately, this ordinance does not bring Missoula closer to that goal. Rather, it creates a wedge that only serves to drive Missoulians further apart on an issue which should unite us. After all, none of us wants anyone bent on violence to get hold of a gun." -Missoulian, 10/4/2015


While many are questioning the law, Governor Steve Bullock has, so far offered no stance on the issue. Where does the governor stand?

Governor Bullock has quietly amassed an anti-2nd Amendment track record. During his tenure, the governor has vetoed multiple bills that would have enhanced the right of Montanans to keep and bear arms.

"The Senate also passed a measure to prohibit local law enforcement from assisting in the enforcement of future federal gun laws. Both bills passed on party-line votes.

They face another vote Thursday before heading to Governor Bullock, who vetoed similar legislation in the 2013 session." -MTN News, 3/11/2015

"Democratic Gov. Steve Bullock on Friday vetoed a pair of Republican-sponsored gun rights bills, including one that would allow almost any adult to carry a concealed weapon in Montana without a permit." -Missoulian, 3/27/2015


One of those bills would have pushed back against President Obama's unconstitutional executive overreach on guns. Bullock vetoed the bill. However, AFTER Obama actually issued an executive order on guns, Bullock criticized the decision.

"Bullock also vetoed HB203, which would prohibit any state or local officials in Montana from enforcing any future federal restrictions on gun or weapon magazine ownership." -Missoulian 3/27/2015

"But this discussion is too important for the President to circumvent Congress with the stroke of a pen.” -Billings Gazette, 1/5/2016

Earlier this month, three pro-2nd Amendment groups touted their endorsement of Greg Gianforte in Helena and criticized Governor Bullock for his anti-2nd Amendment record.

"Gianforte and John Velleco, chief operating officer of the Gun Owners of America, also chastised Bullock for vetoing a pair of bills last year: One that would have allowed any legal gun owner in Montana to carry a concealed weapon without a state permit and another that would have barred state or local officials from enforcing any new federal firearms bans.

'(Gov. Bullock) just doesn’t seem to trust the people with their firearms,' Velleco said." -MTN News, 9/132016


Gianforte, meanwhile, is a staunch defender of the 2nd Amendment.

"'The 2^nd Amendment is very clear: It says our right to bear arms shall not be infringed,' he told reporters gathered at the Helena Trap Club. 'I will defend that constitutional right when I’m elected.'” -MTN News, 9/13/2016