Staff recommends Council approve second reading of the ordinance amending section 18-204 of Billings Montana City Code prohibiting weapons and firearms in city buildings.  

Montana is an "open carry" state and there are no state laws restricting or regulating open carry. Anyone may openly carry anywhere except within school buildings as prohibited by local school districts (MCA 45-8-361) and within a publicly owned and occupied building as prohibited by the local government (MCA 45-8-351). 

SB 357 in 2019 directed LR130 be placed on the ballot. LR 130, which became effective on January 1, 2021, limited local government's ability to prevent or regulate unpermitted concealed weapons to only an occupied building under its jurisdiction.

HB 102, passed in the 2021 session and fully effective as of June 1, 2021, further limited local governments' ability to restrict both concealed and permitted concealed weapons. The legislation generally allows unpermitted concealed carry to any person who is eligible to possess a firearm under state or federal law anywhere in the state, restricted local governments' authority over permitted concealed weapons carriers, and provided limited exceptions to both.

HB 102 removed the existing list of people/places restricted from conceal carry and replaced with a new provision allowing persons with a permit to conceal carry anywhere in Montana except:

• detention facilities,
• federally owned buildings,
• school buildings,
• within a courtroom or an area of a courthouse in use by court personnel (by order of the judge), or
• on private property at the discretion of the owner or possessor (45- 8-328, MCA.)

Three limitations remain on unpermitted concealed carry:

1. A person must still undergo the federal background check and waiting period (45-8-330, MCA)
2. If the local government has restricted unpermitted concealed carry in publicly owned and occupied buildings within its jurisdiction, they cannot conceal carry in those facilities (45-8-351, MCA)
3. A person cannot conceal carry in portions of a building used for state or local government offices. State law still prohibits unpermitted concealed carry in those locations (45-8-328(a), MCA)

As a result of the legislation (LR-130, which was effective January 1, 2021), local governments may no longer: 

• Restrict any carrying of firearms at public assemblies 
• Restrict any carrying of firearms at parks 
• Restrict any carrying of firearms on school grounds 
• Restrict any carrying of firearms in public buildings that are not publicly owned and occupied.
• Restrict permitted concealed carry of firearms in publicly owned and occupied buildings

Council held a public hearing on March 27, 2023, and approved first reading of the ordinance amending BMCC section 18-204. Second reading of the ordinance was scheduled on April 10, 2023, and Council voted to postpone second reading to consider additional amendments sought by Councilmember Neese.  Council directed the matter to the Council Operations Committee, which met on April 20, 2023.  The Committee agreed to forward the following changes to the proposed ordinance:

1. Several recitals were added to the ordinance explaining the constitutional rights of individuals and the statutory authority and limitations of local governments.
2. Several definitions were added including:

• "Building"
• "City building" (instead of "city facility")
• "Concealed weapon"
• "Permitted concealed weapon"
• "Unconcealed weapon"
• "Unpermitted concealed weapon"

3. The prohibitions listed under subsection (b) were re-formatted into further subsections to provide clarity.
4. The subsection referring to "signage" was deleted.

BMCC section 2-233 currently requires that "when a prior ordinance or code section is amended, all new matter which is proposed to be enacted shall be underlined and all matter which is proposed to be omitted shall be set forth and structured in such manner as to remain legible."  Therefore, the original version of 18-204 is attached as well as a red-lined version of the proposed ordinance amendment as recommended by the Council Operations Committee.  For purposes of review and comparison, the version of the ordinance that was approved on first reading is also attached.

If Council approves the amendments proposed by the Council Operations Committee on second reading, this matter will be placed on another agenda for a third and final reading to give the public further opportunity to comment on the amendments.  

City staff, city council members, and all members of the public using city facilities.

City Council may:

• Approve;
• Amend; or,
• Not Approve

If Council does not approve the amendment, section 18-204 will not comport with state law regarding permitted concealed firearms.

There are no significant fiscal effects as a result of this amendment to city code.

The City may restrict unconcealed/open carry and unpermitted concealed carry in publicly owned and occupied buildings within the City. The City may continue to restrict permitted concealed carry in certain areas of a public building or in courtrooms, detention facilities, etc.