Guest Opinion: Officers voice concerns over HB228

(Editor’s note: The following guest opinion was submitted with the signatures of 29 Lincoln County law-enforcement officials).

We are writing to clarify a few issues put forth by Sen. Aubyn Curtiss regarding House Bill 228.

Curtiss appears to imply that law enforcement in general supports HB228. The truth is, that by far, the majority of sworn law-enforcement officers do not support HB228. Regarding the carrying of concealed weapons by felony offenders, under most circumstances, according to Montana law, they would be allowed to carry a concealed weapon.

We as law-enforcement officers and citizens of our great state appreciate the extra liberties provided to us by the Montana constitution. We are gun owners, hunters and sportsmen, many of us are members of the National Rifle Association and other sportsmen groups. Montana already has probably the most conservative gun laws in the United States, and we support those rights.

The use of firearms or other means of self-defense is already recognized in the current Montana laws. As it stands, you may use any reasonable amount of force to defend yourself. But otherwise, if you are faced with deadly force or force likely to cause serious bodily injury, then and only then may you use the same force in return.

The current concealed carry law applies only to the areas within city limits and certain public buildings. Law-abiding citizens may easily acquire a concealed weapons permit. The sheriff of each respective county is charged with determining if an applicant receives a concealed carry permit. The sheriff has access to criminal records, case reports and knowledge that the general public does not. Ask yourself who is best suited to make this decision.

We think if the general public were to look into this bill, they would see that it is not in the public’s best interest. The passage of HB228 would pose added risk to law enforcement, all the while making prosecution of violent crimes even more difficult. Sen. Curtiss appears to be trying to make HB228 look like it only applies to concealed weapons, when that would be one of the lesser issues for law enforcement and our communities.

The bigger concern would be combining the new freedom to carry a concealed weapon by nearly all citizens and the new section 1, which allows anyone to display a firearm for self-defense, even if they have not been threatened with serious bodily injury or death.

Under this bill as written, when an individual claims self-defense, the state needs to prove beyond a doubt that a suspect’s action was not self-defense. We are opening up loopholes for the criminally minded, who only need to claim they acted in self-defense.

The new section 4 regarding an investigation of an alleged self-defense implies that law enforcement would attempt to hide evidence of self-defense. Law-enforcement officers are simply charged with finding the truth.

We urge you to look at the violent crimes around you. Citizens did not commit these crimes, criminals do, citizens have concealed weapons permits, and criminals don’t. The enforcement of Montana state law carries great responsibility and requires common sense judgment.

Your law-enforcement officers are very good at determining self-defense and proper use of force. If every time two people have a difference of opinion and one makes a threat toward another, do you think that is appropriate to be displaying a firearm as a means of self-defense? What happens when we mix drugs and alcohol into that equation?

Please research this subject, make an informed decision and voice your opinion.