Bill would allow firearms in post offices

A Kalispell lawmaker is pushing a proposal to allow Montanans to bring firearms into post offices, although opponents Tuesday contended it would place state law into conflict with the U.S. Constitution.

Rep. Randy Brodehl, R-Kalispell, brought House Bill 246 before the House Judicial Committee on Tuesday, arguing it would protect Montanans legally permitted to carry firearms when they check their mail. The measure would allow a person to carry a gun onto property leased by the U.S. Postal Service, including in vehicles on the property. It would also attempt to nullify federal laws banning firearms on post office property.

“This would certainly not preempt federal law, but it would give the citizens of Montana the knowledge that we as legislators have supported their right to keep and bear arms,” Brodehl said, “even when they’re in the Postal Service parking lot or when they have to go in to check their mail.”

While winning the support of the Montana Shooting Sports Association, Brodehl’s bill drew questions as to whether it would pass legal muster under the U.S. Constitution’s “Supremacy Clause,” which holds that federal laws overrule state or local laws when the two are in conflict.

“Our officers take an oath to the U.S. Constitution, and to enforce all the laws. This will put us in the position of violating the oath when we start,” said Mark Murphy, speaking on behalf of the Montana Association of Chiefs of Police.

The Montana Chamber of Commerce also opposed the portion of the bill that extends to “adjacent sidewalks, streets and parking lots,” suggesting it could create conflicts with workplace-safety policies in businesses housed in the same building.

“This bill is indeed about our state running contrary to federal law,” said Rachel Carroll-Rivas, Co-director of the Montana Human Rights Network. “... It is simply an attempt to nullify federal law and take part in the rising level of anti-government rhetoric, using the issue of guns to push that pro-militia agenda.”

Responding to a question from Rep. Nate McConnell, D-Missoula, Brodehl said his proposal was not without precedent. He compared it to the Legislature’s passage of laws creating a system for medical marijuana use in Montana, although the federal government classifies the drug as illegal with no recognized medical use.

McConnell challenged that comparison, however, referring a 2009 federal policy memorandum that had assigned a low priority to federal prosecution of marijuana cases in states with medical marijuana programs.

Rep. Bob Brown, R-Thompson Falls, defended the measure’s validity under the Second Amendment.

“It would seem to me that it’s the federal government that is really going against our Constitution, and not this bill we are looking at, that would give us the right to carry on federal property,” Brown said.

Another bill currently before the Legislature would prohibit state employees from enforcing future federal restrictions on firearm ownership in the state. Senate Bill 99, sponsored by Sen. Carry Smith, R-Billings, is still awaiting a hearing before the Senate Judiciary Committee.

During his testimony before the committee, Brodehl also referred to House Bill 280, which he is sponsoring to allow legislators to either openly carry or conceal handguns on state property. It is scheduled for a hearing before the House Judicial Committee on Thursday.