Anti-gun label doesn’t fit

By The Helena IR - 04/04/07

One would be hard put to find a Montana politician who doesn’t defend the Second Amendment’s guarantee of the right to bear arms. In this state, any politician who failed to pass that simple test probably didn’t want to get elected anyway.

But you couldn’t tell that fact from the partisan rhetoric coming out the Capitol the last couple of weeks. The fight started when Democrats who voted against a bill designed to make it easier for people to defend themselves with deadly force were accused of being anti-gun in flyers distributed in their districts by the Republican Party. GOP leaders in the Legislature were quick to denounce the tactic as unbecoming during a session, but that didn’t stop the accusations.

Last Saturday Rep. Jack Wells, R-Bozeman, commented that “the Democrats … apparently don’t support gun rights.” That brought a hot rejoinder from Sen. Larry Jent, D-Bozeman, who called Wells “anti-law enforcement” and said the bill was a bad idea from a “crazy fringe outfit.”

It seems to us the bill is a sincere attempt to bolster citizens’ rights, but the fact is that law enforcement personnel and prosecutors are united in their opposition, saying it would lead to a “make my day” kind of society and give criminals a spurious line of defense by claiming self-protection. Besides, Montanans already have the right to defend themselves.

Lawmakers who take the law enforcement community’s alarm to heart are better characterized as being pro-safety, rather than anti-gun, and we suspect most Montana sportsmen understand that regardless of how they feel about the bill.


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Reader Comments:

Lincoln Dziekonski wrote on Apr 4, 2007 2:02 PM:

" Failing to support HB 340 can't be taken any other way than being anti-gun. This legislation would not lead to a "make my day" society, rather it would lead to a safer, more polite society. HB 340 sought only to clarify the laws relating to Montanan's right to self-defense, so citizens would not have to fear criminal prosecution for defending themselves with deadly force. As for the comments about criminals being given a disingenuous defense by this Bill; I was at the Judiciary Committee hearing, and the statements made by the most outspoken opponent were misleading. He said that drug dealers having gun battles in the streets would be able to claim self-defense for murdering rivals, or a homeless man would be able to avoid prosecution for shooting the owner of a garbage dumpster when he attempted to evict the trespasser. These claims are simply false, as HB 340 would immunize only those individuals who use deadly force to defend themselves while they are in their homes or any place they have a right to be in, and they weren't committing a crime at the time that they used that force in self-defense. This excludes the drug dealers and trespassing homeless man...they could both be prosecuted. Additionally, there are currently at least 22 states that have passed similar legislation in the last several years...there has been no blood in the streets or "gunfight[s] at the O.K. Corrall." Yes, Montanans do have a right to self-defense, but that right needs to be clarified in law. Simply because prosecutors haven't pressed charges in the past doesn't guarantee that some overzealous county attorney won't take it upon his or herself in the future to make an example out of someone. "


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