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No. 00-201 IN THE SUPREME COURT OF THE STATE OF MONTANA
2001 MT 141

STATE OF MONTANA, Plaintiff and Respondent,

v. MICHAEL BRITTON, Defendant and Appellant. APPEAL FROM: District Court of the Fifth Judicial District, In and for the County of Jefferson, The Honorable Frank M. Davis, Judge presiding.
COUNSEL OF RECORD: For Appellant: Eric Rasmusson, Attorney at Law, Boulder, Montana For Respondent: Joseph P. Mazurek, Attorney General; Micheal S. Wellenstein, Assistant Attorney General, Helena, Montana Valerie D. Wilson, Jefferson County Attorney; Leonard J. Haxby, Deputy County Attorney, Boulder, Montana Submitted on Briefs: January 11, 2001

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Filed:

__________________________________________ Clerk

Chief Justice Karla M. Gray delivered the Opinion of the Court. ¶1 Michael Britton moved to dismiss hunting license-related charges against him in Jefferson County Justice Court on the basis that Montana's residency laws are so vague as to violate due process. After his motion was denied, Britton pled guilty to two counts of swearing and affirming to a false statement to obtain a Montana resident hunting license in violation of § 87-2-106, MCA, reserving the right to appeal to the Fifth Judicial District Court, Jefferson County, on his challenge to the residency laws. The Justice Court sentenced Britton and he appealed. ¶2 In the District Court, Britton again moved to dismiss the charges on vagueness grounds. At the hearing on his motion, Britton's counsel represented that Britton had registered to vote in Montana, obtained a Montana identification card, licensed his vehicle in Montana, and his wife had purchased real property in Jefferson County, Montana, on which they were building a residence. Britton neither testified nor filed his own affidavit. His argument was that § 87-2-102, MCA (1995), is vague because other Montana statutes define residency differently for purposes such as voting, dissolution of marriage, college attendance and taxation. The District Court rejected Britton's argument, determining that the fish and game residency requirements are neither vague nor ambiguous, and affirmed Britton's Justice Court conviction. Britton appeals to this Court and we affirm. ¶3 Did the District Court err in concluding that the residency requirements for obtaining a resident hunting license set forth at § 87-2-102, MCA (1995), are not facially unconstitutional on vagueness grounds? ¶4 Statutes are presumed constitutional and a party challenging the constitutionality of a statute bears the burden of proving, beyond a reasonable doubt, that the statute is unconstitutional. State v. Stanko , 1998 MT 321, ¶¶ 15-16, 292 Mont. 192, ¶¶ 15-16, 974 P.2d 1132, ¶¶ 15-16 (citations omitted). We review a district court's constitutional

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¶13 Finally, Britton asserts one could be lulled into believing one had met the residency requirements for a hunting license because the residency requirements for a driver's license had been met. This argument is specious. The printed language on Britton's hunting licenses and tags states, immediately above the space for the licensee's signature, "I declare that I am a legal resident of Montana for Fish and Game Licensing purposes, as defined in Section 87-2-102, M.C.A." ¶14 We conclude Britton has failed to establish that the residency requirements for obtaining a resident hunting license set forth in § 87-2-102, MCA (1995), are facially unconstitutional on vagueness grounds. We hold, therefore, that the District Court did not err in denying his motion to dismiss on that basis. ¶15 Affirmed. /S/ KARLA M. GRAY
We concur: /S/ PATRICIA COTTER /S/ JIM REGNIER /S/ JAMES C. NELSON /S/ W. WILLIAM LEAPHART

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