HELENA — Anyone charged with any crime other than a forcible felony or violence with a weapon would be allowed to keep their firearms until adjudication if a bill in the Montana House of Representatives becomes law.
Currently, state courts decide whether or not someone is able to possess a firearm as a condition of the person’s bail. House Bill 433 would make that decision for state courts, allowing anyone charged with lesser crimes to keep their firearms until they are proven guilty or innocent.
Rep. George Nikolakakos, R-Great Falls, is carrying HB 433.
“Currently, the mere accusation of a crime, even a civil crime or a nonviolent one, often leads to a judge slapping boilerplate conditions on an individual, stripping them of their Second Amendment rights, pending adjudication,” Nikolakakos said.
Benjamin Halverson is a domestic violence prosecutor for the city of Billings and was one of seven opponents who spoke against the bill at a Monday committee hearing. He said firearm access in domestic abuse cases can be deadly, but these deaths can be prevented by court decisions to seize firearms.
“ House Bill 433 will completely take away law enforcement's ability to even seize that firearm, to even have the choice to make a dangerous situation less dangerous,” Halverson said.
The Montana Department of Justice and the Montana Police Protective Association also opposed the bill.
The bill drew two proponents, including the Montana Shooting Sports Association.
The House Judiciary Committee did not vote on the bill Monday.
Clayton Murphy is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association, the Montana Newspaper Association and the Greater Montana Foundation. Murphy can be reached at clayton.murphy@umconnect.umt.edu.
