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HOUSE BILL NO. 427
INTRODUCED BY J. BONIEK
A BILL FOR AN ACT ENTITLED: "AN ACT REPEALING THE PROHIBITION ON THE POSSESSION OF SOUND REDUCTION DEVICES ON FIREARMS IN THE FIELD AND FOREST; REPEALING SECTION 87-3-123, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
WHEREAS, section 87-3-123, MCA, which currently prohibits the possession of sound reduction devices on firearms in the field or forest or while hunting, is overbroad and criminalizes benign conduct; and
WHEREAS, the Department of Fish, Wildlife, and Parks is not using section 87-3-123, MCA, as an enforcement tool when prosecuting cases in which a person used a firearm equipped with a sound reduction device to unlawfully kill a game animal; and
WHEREAS, the repeal of section 87-3-123, MCA, would not inhibit the prosecution of those cases in the future, because section 45-8-336, MCA, allows for the felony prosecution of a person who commits the offense of using a sound reduction device on a firearm to unlawfully kill a game animal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Repealer. Section 87-3-123, MCA, is repealed.
NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 427 (HB0427.01)
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