HELENA, Mont. -- After a contentious battle last year, voters will get to decide in November whether local Montana communities can write their own gun regulations.
The pre-emption measure would remove local governments' authority to regulate firearms.
It was passed and referred to voters last year by the Montana Legislature after Gov. Steve Bullock vetoed a similar bill.
It's also in response to a Missoula city ordinance requiring background checks for gun sales.
That measure was later repealed by the state Supreme Court, and Kelly Lynch, deputy director/general counsel of the Montana League of Cities and Towns, wonders what issue this referendum is trying to fix.
"There are some protections for folks in our local communities that I think has never been called into question," she points out. "Do we want folks to be able to carry on school property? Do we want folks to be able to carry in the courtroom? Do we want folks to be able to carry at public assemblies?"
The Montana League of Cities and Towns was among a half-dozen groups to sue the state over what plaintiffs say is confusing language in the referendum, noting it fails to mention local governments will not be able to regulate firearms in places such as schools.
The state Supreme Court has ruled to keep the language as it was when the Legislature passed it.
Authors of the bill say the purpose is to prevent a patchwork of laws across the state. But Lynch says localities have been passing regulations since Montana became a state.
"And that's been happening over the last 130 years," she states. "So we're really worried about what is going to be the end result of these changes in the law, and there's a lot of confusion among everyone about this referendum says and what will be the end result."
Lynch maintains the language of the measure is so confusing that even if it passes, it will cost the state a lot of money in litigation to determine what the measure actually does.
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Missouri Democrats have filed legislation which would prompt a vote to return gun possession rules to local governments. The move was prompted by a deadly shooting at the Kansas City Chiefs Super Bowl victory parade.
In 2021, Gov. Mike Parsons signed the Second Amendment Preservation Act, a controversial law preventing federal law from overreaching on a person's right to bear arms.
Law enforcement agencies with officers who knowingly enforce any federal laws could be sued and fined up to $50,000.
Rep. Cristal Quade, D-Springfield, the House Minority Leader, called the parade shooting an example of the state's weak gun laws.
"Law enforcement officers are begging and pleading with us to allow them to do their jobs," Quade pointed out. "The basics of juveniles in the city being able to carry guns and cops pulling them over and not being able to take them from them. And to the speaker's comment, laws don't fix things. Then what the hell are we doing as lawmakers? Why are we here at all?"
Majority Republicans scrapped a bill which would have allowed concealed guns in transit and places of worship. They did, however, attempt to change Missouri's initiative petition process, which would have made any proposals -- like this one for local control or abortion rights -- difficult to pass.
Quade argued voters should have the opportunity to let local officials pass common-sense gun laws reflecting the needs of their communities. She contended House majority leaders are just tiptoeing around the issue.
"They keep saying that they need to pass these bills to make Missourians safer," Quade observed. "Obviously, they know that it will not make Missourians safer. What they're doing is trying to score political pointed for these primaries where they're running against each other and they are using our children as political fodder."
Platte County Democrat Ashley Aune tried to speak about gun violence in the House on Tuesday, and posted video footage that appeared to show Republicans shutting her down, with someone telling the House speaker, "I think she should just sit."
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New legislation under consideration by Kentucky lawmakers would allow police to confiscate guns from people whose family members are concerned about their mental health, by petitioning for a Crisis Aversion Rights Retention Order.
Senate Bill 13 would also create an Office for Safer Communities.
Cathy Hobart - the chapter leader of Kentucky Moms Demand Action for Gun Sense in America - said the bill is aimed at preventing tragic situations from happening, especially in cases where others suspect possible suicide, homicide, or a mass shooting.
"If they thought there really was an immediate danger, they would petition a judge to administer the protective order," said Hobart. "And, this is really a way to protect the gun owner in those times of crisis."
The Commonwealth continues to have some of the weakest gun laws in the country. According to Everytown USA, Kentucky ranks 40th among states for rates of gun violence.
According to Kentucky Youth Advocates, in 2020 91% of homicide deaths occurred in children between ages 1 and 17, and around 66% of these deaths involved firearms.
Hobart said gun-violence legislation in previous years has been slow to move through the Legislature, but she remains hopeful.
"For the first time," said Hobart, "our legislators are talking about gun-violence prevention in a way that they haven't, in the last five years, since I've been involved in the movement."
This April marks the one-year anniversary of the Old National Bank Shooting in Louisville, where a 25-year-old man killed five of his work colleagues, and critically injured a police officer.
A Louisville Metro Police Department report revealed the gunman's mental-health struggles and his intent to commit a mass shooting.
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Virginia's Senate recently passed a series of gun safety bills, which now head to the House.
Among them are measures to ban assault weapons in public, ban "ghost guns," and increasing other safety measures.
The bills come as many states and the federal government are taking a hard look at gun violence. Last year, Virginia saw a reduction in gun violence, due in part to community violence prevention funds. But the state still ranks high for gun deaths.
Kelsey Cowger, press secretary for Progress VA, said based on other state progress, the bills are essential to keeping Virginians safe.
"When movement has been possible, it's been a base that we can work off of that stops the insane level of killing within our communities that already exists and allows us to catch our breath a little bit," Cowger asserted.
Some Republicans in both General Assembly chambers oppose the bills, noting they restrict a person's 2nd Amendment rights. Yet, polls show the bills have widespread support across party lines. The measures have been referred to the House Committee on Public Safety.
Cowger contended the bills are a steady foundation for Virginia to build on. While other reforms can prove crucial for reducing gun violence further, she stressed the state needs to get this current set of legislation on the books first.
"You know, as much as I would like to sort of look with an eye towards the future for the kind of changes we can make, I feel like we just need the foundation first," Cowger acknowledged. "We need to be able to gauge whether or not dangerous people have guns."
National gun violence deaths have been declining since they peaked in 2021. In Virginia, there have been more than 9,300 shootings between 2014 and 2022, which resulted in more injuries than fatalities.
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