Staff recommends Council conduct a public hearing and approve first reading of the ordinance amending section 18-204 of Billings Montana City Code prohibiting weapons and firearms in city facilities.  

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.)

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.

  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 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.