2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 1. General Provisions and Administration › 10-3-102. Limitations

10-3-102. Limitations.
Parts 1 through 4 of this chapter may not be construed to give any state, local, or interjurisdictional agency or public official authority to:
(1) interfere with dissemination of news or comment on public affairs. However, any communications facility or organization, including but not limited to radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with an emergency or disaster.
(2) interfere with or otherwise limit, modify, or abridge a person's physical attendance at a religious service or operation of a religious organization;
(3) affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or any personnel of those entities when on active duty, but state, local, and interjurisdictional disaster and emergency plans must place reliance upon the forces available for performance of functions related to emergencies and disasters;
(4) limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution, statutes, or common law of this state independent of or in conjunction with any provisions of parts 1 through 4 of this chapter;
(5) prohibit, limit, or curtail:
(a) political activities, including voter registration drives, fundraising activities, political rallies and meetings, activities associated with political clubs and parties, campaign speeches, literature or sign distribution, and campaign efforts of a political party, a candidate for elected office, or a political committee or relating to a ballot initiative or referendum;
(b) rights of free speech or free assembly, including any rallies, gatherings and meetings, speeches, literature or sign distribution, and the display of signs. A person may be required to comply with neutral health, safety, or occupational requirements that are applicable to all organizations or businesses providing essential services.
(c) the production, operation, or distribution or any television, radio, cable television or service, internet service, newspapers, newsletters, e-mail service, literature, or blogs;
(d) the operation or functioning of the legislative branch, judicial branch, clerk of court, county commission, or city or town council; or
(e) a right of a person to file a complaint or seek relief from a court of competent jurisdiction;
(6) suspend an election law or prohibit, limit, or curtail a regularly scheduled election;
(7) prohibit, regulate, or curtail the otherwise lawful possession, carrying, sale, transportation, transfer, defensive use, or other lawful use of:
(a) a firearm, including a component or accessory;
(b) ammunition, including any component or accessory;
(c) ammunition-reloading equipment and supplies; or
(d) a personal weapon other than a firearm;
(8) seize, commandeer, or confiscate in any manner:
(a) a firearm, including any component or accessory;
(b) ammunition, including a component or accessory;
(c) ammunition-reloading equipment and supplies; or
(d) a personal weapon other than a firearm;
(9) suspend or revoke a permit to carry a concealed pistol issued pursuant to Title 45, chapter 8, except as expressly authorized in that chapter;
(10) refuse to accept an application for a permit to carry a concealed weapon, provided the application has been properly completed in accordance with Title 45, chapter 8;
(11) close or limit the operating hours of an entity engaged in the lawful selling or servicing of a firearm, including:
(a) a component or accessory;
(b) ammunition, including a component or accessory;
(c) ammunition-reloading equipment and supplies; or
(d) a personal weapon other than a firearm, unless the closing or limitation of hours applies equally to all forms of commerce within the jurisdiction;
(12) close or limit the operating hours of any indoor or outdoor shooting range;
(13) place restrictions or quantity limitations on an entity regarding the lawful sale or servicing of:
(a) a firearm, including a component or accessory;
(b) ammunition, including a component or accessory;
(c) ammunition-reloading equipment and supplies; or
(d) a personal weapon other than a firearm;
(14) limit, modify, or abridge the authority of the judicial branch or the legislature to exercise any powers vested in the judicial branch or the legislature under the constitution, statutes, or common law of this state independent of or in conjunction with any provisions of parts 1 through 4 of this chapter; or
(15) except in areas evacuated or subject to control of ingress pursuant to 10-3-104, and for no more than 60 days without legislative approval, interfere with the collection of rent or with actions for termination and possession pursuant to Title 70, chapter 24, part 4, chapter 27, or chapter 33.
History: En. 77-2301.2 by Sec. 3, Ch. 335, L. 1977; R.C.M. 1947, 77-2301.2; amd. Sec. 16, Ch. 56, L. 2009; amd. Sec. 2, Ch. 346, L. 2021; amd. Sec. 8, Ch. 504, L. 2021; amd. Sec. 1, Ch. 515, L. 2021.