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That measure was later repealed by the state Supreme Court, and Kelly Lynch, deputy director/general counsel of the Montana League of Cities and Towns, wonders what issue this referendum is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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Grassroots organizations are sounding the alarm about Tennessee's new law allowing teachers and other school employees to carry guns.

Gov. Bill Lee signed Senate Bill 1325 Friday and it took effect immediately.

More than 450 children have lost their lives to gun violence in the U.S. this year.

Cathy Barnett, legislative lead for the Tennessee chapter of Moms Demand Action, predicted the new law will not enhance school safety. She noted the community worked to get an extreme-risk protection order passed after the Covenant School shooting but Republicans passed legislation this year blocking local governments from passing their own versions of such protection orders.

"Already, we have seen the largest counties say no, they are not going to implement it," Barnett pointed out. "They trust their law enforcement, they trust that they have SROs already in their schools. They feel like the dangers are just too much."

Barnett added even some smaller counties have said they will not implement it. Supporters of the new Tennessee law argued it will make schools safer.

Becky Hansen, a Covenant School parent who testified at a March 27 House hearing, cried when describing how her 5-year-old son's teacher saved her students, and said giving her a gun would have just made the situation worse.

"Our teacher had the wherewithal, when she realized that what they thought they needed to do for a fire alarm was actually an active shooter, to turn it into a race, to not scare my 5-year-old," Hansen recounted. "There is no way that my sweet teacher could have also held and properly ejected a weapon."

Barnett said more than 70% of the parents and teachers her group surveyed do not want the law. She added in the past 11 years of testifying before committees, some lawmakers still fail to adequately understand gun violence prevention measures.

"They're not listening to the research at all," Barnett contended. "The research shows normally, on the whole, a mass shooter, most of the time has some affiliation with that school in some way. They don't come because it's a 'gun-free zone,' which the Republicans like to say."

She pointed out concerns armed individuals may automatically resort to shooting, potentially harming people unintentionally and noted a student might also gain access to a gun if there are more firearms at schools.


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Well over three-fourths of Americans support universal background checks for gun purchases, but federal law allows unlicensed people to sell guns at gun shows and online without one.

Sixteen states now require background checks for gun sales by licensed and unlicensed sellers but Nebraska is not one of them.

The Biden administration is taking a step to close the gun show loophole. By mid-May, a broader definition of who is a gun dealer, and thus required to conduct background checks, will go into effect.

Melody Vaccaro, executive director of Nebraskans Against Gun Violence, said the broadened definition will not affect true "hobbyists," such as antique gun collectors.

"The main way that it goes between a hobbyist and a gun dealer is if someone is selling guns regularly for money," Vaccaro explained. "If monetization is the driver of the gun sales."

Nearly a dozen different violations make people ineligible to purchase or possess a gun under federal law. And since the federal background check system was initiated in 1998, it has stopped nearly 5 million illegal gun purchases.

Those who oppose expanding background checks believe additional regulations burden law-abiding citizens and do not stop potentially dangerous people from getting firearms.

Vaccaro acknowledged it may be true, but is not a reason to stop trying. She hopes the change will help Nebraskans discover their common ground on this issue.

"Everybody is worried about gun violence. Everybody's worried about mass shootings. Everybody's wondering how we can do better; everybody's wondering that," Vaccaro emphasized. "That's not a political party conversation; that is actually something we all share."

And Vaccaro expects most Nebraskans will welcome an increase in the percentage of gun sales to include a background check.

"It is just so basic; it's so pragmatic," Vaccaro contended. "I really would be surprised if there was authentic pushback from everyday people, who are not lobbyists or directly profiting from the gun industry in some way."

Nebraska law regulates handgun sales by both licensed and unlicensed sellers, but private sellers can sell a long gun without a background check.


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Background checks on those who purchase firearms at gun shows may soon be expanded.

The Justice Department last week issued a directive to close the so-called "gun show loophole." A final rule submitted to the Federal Register changes the definition of firearm sellers, ultimately requiring they obtain a federal firearms license to sell guns at gun shows, flea markets and over the internet.

Miranda Viscoli, co-president of New Mexicans to Prevent Gun Violence, welcomed the new rule.

"There is no reason why anybody should be able to walk into any gun show in the United States of America, if there's not a background check law at the state level, and be able to purchase firearms, no questions asked," Viscoli contended.

The new rule would classify around 23,000 vendors as licensed firearms dealers, making their gun sales subject to checks. The Biden administration has said the rule does not conflict with the Second Amendment, but two Republican senators have already announced plans to introduce a joint resolution to overturn the rule.

Earlier this year, New Mexico lawmakers approved, and the governor signed, several firearms-related bills. One prohibits guns within 100-feet of polling places during a state election. And Viscoli said another bill could reduce the number of sales at gun shows.

"In New Mexico, and this does pertain to gun shows, we just passed a seven-day hold on the sale of firearms," Viscoli noted. "That's going to make it very difficult for gun shows because they would have to mail those guns to people."

In starting her position in 2013, Viscoli attended gun shows to see how easy or difficult it was to buy guns. Despite telling dealers she had forgotten her driver's license and had no identification, she said she was assured it wouldn't be a problem. Ten years later, she believes the proliferation of guns is out of control.

"It's coming to define who we are both as a state in New Mexico and as a country," Viscoli observed. "I mean, when gun violence is a leading cause of death for young people, I don't know why we're not sitting at the table and figuring, 'What the heck do we do about this?'"


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