MONTANA KAIMIN In the Crosshairs - A legal tug-of-war over guns at universities leaves campuses

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MONTANA KAIMIN
   A legal tug-of-war over guns at universities leaves campuses

In the Crosshairs

  10 Holstered                   14 Scoping out HB 102   22 Welcome to gun country
Cover design by MaKayla O’Neil                                                       Fall 2021 | Special Issue
MONTANA KAIMIN In the Crosshairs - A legal tug-of-war over guns at universities leaves campuses
Note from the Editor
   Last spring, the 67th Montana Legislature passed House Bill 102 — legislation that would allow students to carry
firearms on campus, openly or concealed, without a permit. In May, the Board of Regents sued the state, claiming the
Legislature overstepped its bounds by trying to control policy at state universities.

  Article II, Section 12 of the state’s constitution gives Montanans the right to bear arms, while Article X, Section 9 gives
the Board of Regents full “power, responsibilities, and authority” to regulate the Montana University System. The court
must decide which weighs more.

  Three days before the bill was supposed to be implemented, a Helena judge stopped the law from going into effect
until the court decides on an answer.

  But the MUS lawsuit brings up a larger constitutional question: Who controls Montana’s universities?

  That question is a big one that legal experts say could take years to decide in the state’s courts. And it could set the
precedent for more than just guns on campus. If the court decides the Legislature can control guns policy at universities,
that means it has a foothold for more control.

  While we wait for a decision, the Kaimin wanted to know how we got to this point. Guns have always had a strong
presence in Montana, but how were our elected officials able to pass one of the most unrestricted and unregulated gun
bills in the nation through the Legislature to be signed by our governor? And why now?

  The Kaimin partnered with the Poynter Institute — a nonprofit journalism education and research organization — to
look into the factors that led to HB 102. We worked with Poynter’s College Media Project initiative to produce a semester-
long examination of the bill, and more broadly, the culture of the state that has fostered it. Ultimately, our goal was to
provide a service to people across Montana who could be affected by this legislation.

  We examined Montana’s relationship with guns and how it led to the tipping point of HB 102. We dove into the cultural
and political influence behind the legislation through guns’ impact on individuals. We spoke with gun advocates and
opponents, including the bill’s sponsor and those who testified at its original hearing.

  This special edition is the culmination of the Kaimin’s reporting: A thorough deconstruction of HB 102, the reasons it’s
held up in court and the cultural and historical factors that led to this consitutional question.

                                                                                                  ­Addie Slanger, Editor-in-Chief

                                                                                                                                    Sean Anderson, a senior at the University of Montana, loads an AR-15 magazine for his gun at a shooting range outside of Missoula. Currently, students are able to bring their firearms to school and store them at UMPD’s
                                                                                                                                    gun locker. RIDLEY HUDSON | MONTANA KAIMIN
MONTANA KAIMIN In the Crosshairs - A legal tug-of-war over guns at universities leaves campuses
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                                                                                           NEWSROOM STAFF
                     The Montana Kaimin is a weekly independent student
                     newspaper at the University of Montana. The Kaimin office
                     and the University of Montana are located on land originally
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                EDITORIAL STAFF
                                                                                          Jacob Owens                Alicia McAlpine
                                                                                          Andy Tallman               Andy Tallman
                                                                                          Emily Tschetter
EDITOR-IN-CHIEF                                 MULTIMEDIA EDITOR                                                    DESIGNERS
Addie Slanger                                   Antonio Ibarra                            SPORTS REPORTERS           McKenna Johnson
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SPORTS EDITOR                                   DESIGN EDITOR                             Holly Malkowski            Isabella Musgrove
Jack Marshall                                   MaKayla O’Neil                            Asa Metcalfe
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                                                                                          Lukas Prinos               Jule Banville                                                                                The University of Montana is caught in the crosshairs of HB 102. Once it becomes a law,
                This project was made possible through funding from the                   Olivia Swant-Johnson       Jan Winburn                                                                                      the concept of open carry would become a reality not just at UM, but at campuses
                         Poynter Institute’s College Media Project.                                                                                                                                                        across the Montana University System ANTONIO IBARRA | MONTANA KAIMIN

                                                                                                                                                                                            Featured Stories
FIND U S O N SO C I AL MED IA
                                                                                                                                         10   Holstered                                               22   Welcome to gun country
             @Montanakaimin                                                                                                                    New state law puts campus carry in limbo                    Where a ranching culture, suicide rates and an urban campus
                                                For comments, corrections or letters to                                                        Griffen Smith                                               blur the meaning of safety
             @Montanakaimin                     the editor, contact                                                                                                                                        Clarise Larson
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                                                or call (406) 243-4310.
             @Montanakaimin                     For advertising opportunities, contact
                                                                                                                                         14   Scoping out HB 102                                      27   A look ahead
             @Kaiminsports                      ads@montanakaimin.com                                                                          What open-carry on campus means to one UM gun-owning
                                                or call (406) 243-6541.
                                                                                                                                                                                                           In the war for control of Montana’s universities, a lawsuit over
                                                                                                                                               student                                                     guns is the first battle
             @Montanakaimin                                                                                                                    Antonio Ibarra
                                                                                                                                                                                                           Addie Slanger

4   Fall 2021 montanakaimin.com                                                                                                                                                                                                                                              montanakaimin.com Fall 2021 5
MONTANA KAIMIN In the Crosshairs - A legal tug-of-war over guns at universities leaves campuses
News | Governing guns                                                                                                                                                                                                                                                                                                News | Governing guns

Who controls the politics of guns in Montana?
EMILY TSCHETTER
                                                                                                                                                                                                                                                                                                                  Montana Senate 2021
                                                                                                                                                                                                                                                                                                                  Party breakdown out of 50 senators
emily.tschetter@umontana.edu
                                                 and the attorney general. Despite blocks
                                                 in the courts, HB 102 passed its readings
                                                                                                  no significant voice or place in gun politics
                                                                                                  in Montana anymore, with Marbut even
                                                                                                                                                    McRae, a UM student, co-founder of
                                                                                                                                                    HYAGV and organizer of the Helena March           “HB 102 could definitely                           tana, which is a huge reason why HB 102
                                                                                                                                                                                                                                                         got passed so efficiently,” Durnell of ASUM
ORIGINALLY PUBLISHED: Oct. 7, 2021               and votes quickly, partially due to cohesive
                                                 lobbying efforts in support of it and a lack
                                                                                                  stating that MSSA has not needed to spend
                                                                                                  a lot of its resources in lieu of the shifted
                                                                                                                                                    For Our Lives, felt troubled by recent polit-
                                                                                                                                                    ical culture developments in both the state
                                                                                                                                                                                                      have dangerous conse-                              said. “The bill went through the legislature
                                                                                                                                                                                                                                                         very fast, which was intentional to avoid
   During any given election cycle,
campaign ads with gun-toting politicians
                                                 of pro-gun control legislators.
                                                    “The anti-gun side of this debate in
                                                                                                  political climate.
                                                                                                     “We have chosen not to spend money in
                                                                                                                                                    and nationwide.
                                                                                                                                                       “There has been a recent hardcore
                                                                                                                                                                                                      quences on college cam-                            massive public backlash on behalf of the
                                                                                                                                                                                                                                                         sponsors.”
donning hunting vests and poised to
shoot a target out of frame bombard every
                                                 Montana has no contenders. They have
                                                 no traction,” Gary Marbut, president of
                                                                                                  the last couple of election cycles because
                                                                                                  it has not been necessary. Montana voters
                                                                                                                                                    ideological shift in the past five years to the
                                                                                                                                                    right, and interest groups are capitalizing
                                                                                                                                                                                                      puses, and it is not sup-                             Activists against HB 102 are concerned
                                                                                                                                                                                                                                                         with the culture the bill could create on
television viewer in Montana. Unlike in
most states, Montanans can’t assume these
                                                 the Montana Shooting Sports Association          no longer want to elect people who are            on it to spread rhetorical arguments and          ported by any evidence.                            college campuses, as well as the possibility
                                                 (MSSA), said. “We’ve had many bills with         anti-gun,” Marbut said. “We can spend our         generally find ways to deregulate all levels                                                         of an increased rate of suicide by firearm
politicians have an “R” by their name when       popular support over the years, but until        money more effectively than the candidates        of government,” McRae said.                       Lax gun restrictions on                            with greater gun availability.
they get to the ballot box.                      2020, we had Steve Bullock vetoing many of       can anyways.”                                        It’s been three years since the mass                                                                 “HB 102 could definitely have dangerous
   According to the World Population Re-         them despite their majority support in the          Despite the relaxation of several gun          shooting in Parkland, Florida, that sparked       college campuses have                              consequences on college campuses, and it
view, two-thirds of Montanans own at least       legislature. That’s not the case anymore.”       control provisions passed under Democrat-         a national student movement for sweeping                                                             is not supported by any evidence,” McRae
one firearm, making it the state with the           Gun politics are, in short, Marbut’s bread    ic governorships in past legislative sessions,    gun control reforms. McRae said she is not        had mixed results, but it                          said. “Lax gun restrictions on college cam-
highest gun ownership rate in the nation.
Guns manifest in the political culture with
                                                 and butter. He is the head of the largest gun
                                                 rights interest group in the state, the author
                                                                                                  multiple smaller committees and govern-
                                                                                                  ment bodies resolved to oppose HB 102.
                                                                                                                                                    satisfied with the results of their efforts and
                                                                                                                                                    is losing faith in the room for gun control       sets a bad cultural prec-                          puses have had mixed results, but it sets
                                                                                                                                                                                                                                                         a bad cultural precedent that could make
                                                                                                                                                                                                                                                                                                                      19 Democrats      31 Republicans
House Bill 102, which would allow for con-
cealed carry of firearms without a permit
                                                 of multiple books on gun politics. He claims
                                                 he authored much of the pro-gun legislation
                                                                                                  The Associated Students of the University
                                                                                                  of Montana voted almost unanimously in its
                                                                                                                                                    expansion under the current government
                                                                                                                                                    electoral system.                                 edent that could make                              students feel unsafe.”
                                                                                                                                                                                                                                                            “We are mostly concerned with the
on college campuses.
   It is one of the most right-leaning, dereg-
ulatory pieces of legislation to come out of
                                                 of the past few decades, including HB 102.
                                                    His organization, MSSA, has seen 70 of
                                                 its legislative initiatives passed and enacted
                                                                                                  resolution to oppose the bill in a 22-1 vote
                                                                                                  count.
                                                                                                     “ASUM has taken the position that HB
                                                                                                                                                       “Since the March For Our Lives, noth-
                                                                                                                                                    ing has really changed for the better, and
                                                                                                                                                    some things have changed for the worse,
                                                                                                                                                                                                      students feel unsafe.”                             enabling of more firearm suicides, but there
                                                                                                                                                                                                                                                         is no evidence that introducing more guns
                                                                                                                                                                                                                                                         into a space would prevent any mass shoot-
                                                                                                                                                                                                                                                                                                         Montana House of Representatives 2021
the past legislative session, and passed on      into law, with many others falling victim to     102 is not a well-informed policy, and it is      especially over the past legislative session,”                                 Clara McRae           ings,” Sprigg said. “By allowing for wide             Party breakdown out of 100 representatives
party lines before being temporarily halted      former Governor Steve Bullock’s veto pen,        not the right way to ensure safety on our         McRae said. “[Student activists] should just                                                         access to guns in public spaces like HB 102,
by a judge in a lawsuit                          as well as Brian Schweitzer’s, his Demo-         campus,” ASUM President Noah Durnell              continue what we’re doing, but we might           we definitely lost a lot of ground and our         we could see increased suicide rates among
between the Board                                cratic predecessor. The Democratic party’s       said. “The bill could foster a culture on         need even larger reforms before we have a         voices were not heard during the legislative       students, who have already dealt with a lot
of Regents                                       16-year reign on the Montana governor-           campus that could make students feel un-          chance to turn the tides.”                        session, but we are still here and working,”       mentally with COVID-19.”
                                                  ship ended in 2020, and Republicans and         safe and even have unthinkable, destructive          Moms Demand Action, a pro-gun control          Sherri Sprigg, a volunteer with the Mon-              In contrast, advocates for HB 102 ques-
                                                   pro-gun advocates are pleased with their       outcomes.”                                        lobbying group that emerged in the wake of        tana chapter of Moms Demand Action, said.          tion gun-free zones and champion the abil-
                                                    leverage in the legislature.                     Moms Demand Action and Helena Youth            the Sandy Hook Elementary School shoot-           “Moms Demand Action is not an anti-gun             ity for people to possess guns as a means of
                                                        “This was our first unified Republican    Against Gun Violence (HYAGV), activist            ing in 2012, continued its advocacy through       group. We just promote common sense and            defense.
                                                      government in 16 years and our legis-       groups that advocate for more restric-            the last legislative session. Volunteers with     safe gun legislation, which a lot of voters do        “HB 102 would eliminate dangerous
                                                     lators rightly took advantage of that,”      tions on gun access                         and   the Montana chapter see the gun policy            not understand.”                                   gun-free zones where, statistically, mostly
                                                  the UM College Republicans stated in an         ownership, are                                    situation as regressive and damaging to              Sprigg also recognized the ideological          criminals possess guns,” Marbut said.
                                                 email.                                           concerned for                                               their past advocacy and legislation     shift that McRae noted, yet the UM College            The UM College Republicans expanded
                                                     Marbut and the UM College Republicans        their future roles                                            efforts.                              Republicans asserted that although gun             this in the context of UM’s campus, saying
                                                      agreed that after the 2020 election, the    in gun legislation                                                   “In Montana, we had pretty     control advocates do not have a lot of             students shouldn’t have to call Griz Walk
                                                         left and gun control advocates have      negotiations. Clara                                                good common sense gun            traction in Montana, they still have an ad-        when walking on campus at night.
                                                                                                                                                                     laws up until this legisla-      vantage in the media and public gun rights            “They should be allowed to know that
                                                                                                                                                                       tive session. I’ll say that    messaging.                                         they are able to protect themselves when
                                                                                                                                                                                                         “We feel many students are ill-informed,        the need arises,” the group said.
                                                                                                                                                                                                      both about gun rights generally and HB 102            Despite gains made by the Republican
                                                                                                                                                                                                      specifically, because they’ve been misin-          Party and gun rights groups, advocates for
                                                                                                                                                                                                      formed by the media and anti-gun individ-          gun control have not given up a future with
                                                                                                                                                                                                      uals,” the UM College Republicans said.            their policies being enacted in Montana.
                                                                                                                                                                                                      “If students were more informed about the             “I have not lost all hope. There are still
                                                                                                                                                                                                      gun purchasing process and why we have             plenty of people that have political power
                                                                                                                                                                                                      a right to bear arms, they would be more in        that are reasonable, Democrats and Repub-
                                                                                                                                                                                                      support of HB 102.”                                licans alike,” McRae said.
                                                                                                                                                                                                         Marbut said Gov. Greg Gianforte wanted             In the past, members from either side of
                                                                                                                                                                                                      HB 102 to be the first bill on his desk to         the political aisle have made agreements
                                                                                                                                                                                                      sign, so supporters for the bill in the legisla-   on gun legislation. State Rep. Seth Berglee,
                                                                                                                                                                                                      ture hurried it through all the readings and       the primary sponsor of HB 102, signed on
                                                                                                                                                                                                      votes. Gun control advocates claimed this          as a sponsor to a gun control bill authored
                                                                                                                                                                                                      was a deliberate strategy on behalf of the         by Helena Youth Against Gun Violence in
                                                                                                                                                                                                      bill sponsors and gun rights interest groups       2019.
                                                                                                                                                                                                      to limit the opportunity for opposing voices          “If we work with people like Berglee                       33 Democrats      67 Republicans
                                                                                                                                                                                                      to be heard.                                       on common sense gun legislation, we will
                                                                                                                                                                                                         “National and statewide interest groups         always be able to find some sort of compro-
                                                                                                                                                                                                      have a huge role in gun politics in Mon-           mise,” McRae said.                                                                   MAKAYLA O’NEIL | MONTANA KAIMIN

6   Fall 2021 montanakaimin.com                                                                                                                               MAKAYLA O’NEIL | MONTANA KAIMIN                                                                                                                                                             montanakaimin.com Fall 2021 7
MONTANA KAIMIN In the Crosshairs - A legal tug-of-war over guns at universities leaves campuses
Q&A
News | Firearms policy                                                                                                                                                                                                                                                                                                        News | Firearms policy
                                                                                                the Capitol Building, because when you’re        sive position. And the idea behind defense                                                                                                      carry concealed without a permit, but peo-        SB: It definitely took a big swath. And I
                                                                                                up there you’re spending a minimum of six        is to provide one a lethal means of protec-                                                                                                     ple will always carry concealed without           think it did clean up a lot of the laws and
                                                                                                or eight hours on some of the easy days. A       tion, or up to a lethal means of protection                                                                                                     permits. Just a reality.                          make them more congruent with modern
                                                                                                lot of times you are there 12 to 16 hours.       and preventing someone from harming                                                                                                                So what are the chances of an accidental       realities and statistics. There’s probably a
                                                                                                So yeah, it’s a big chunk of life. It’s a very   you. You can never tell how many people’s                                                                                                       shooting happening? Once again, extreme-          few things that could still be adjusted. So
                                                                                                unique experience, and I’m super honored         lives could have been saved if there would                                                                                                      ly low. The last time somebody was killed         we’ve looked at sort of the public K-12 edu-
                                                                                                to be able to do it.                             have been someone with their gun.                                                                                                               in a school shooting in Montana, that was         cation and I didn’t touch that with my bill.
                                                                                                                                                     The other side of that equation is the                                                                                                      in 1990, at Montana State, where a teen           Essentially, the school board could give
                                                                                                GS: In your eight years, tell me about some      safety factor. If you look at something like                                                                                                    who was angry shot two other students on          permission to a teacher or administrator
                                                                                                of the goals that you had in mind going          the Virginia Tech shooting, when you have                                                                                                       campus with a shotgun. And so we have             to carry a firearm concealed. But there’s
                                                                                                into Helena.                                     a guy that gets a couple pistols, goes into a                                                                                                   200,000 students in Montana. We haven’t           no training requirements. It’s sort of at the
                                                                                                                                                 school building with several classrooms,                                                                                                        had a shooting in 30 years; hopefully you         discretion of the school board. I think it
                                                                                                SB: I would say the two major areas I have       chains the door shut, and could choose to                                                                                                       never do. But kids that have been killed in       would be a better idea to have a state law
                                                                                                worked on have been [the] Second Amend-          kill over 30 people. No one in that building                                                                                                    a school shooting are essentially zero.           that outlined the process, or allowed for
                                                                                                ment, firearms, related bills, and then a lot    was armed, they had no way of essentially                                                                                                          It’s like but we don’t we don’t wrap           more opportunities for people to be able to
                                                                                                of education stuff. My last three sessions       effectively defending themselves. If you                                                                                                        our lives around and alter laws based on          carry in K-12. But for the most part, I think
                                                                                                I was the chair of the House Education           had somebody in those classrooms, with                                                                                                          our fear of being killed by a grizzly bear        a lot of it has been pretty well received.
                                                                                                Committee, which is interesting, because I       your firearm that was even moderately                                                                                                           because it’s statistically so low as to be        And I think it makes things clearer for a lot
                                                                                                was actually homeschooled through high           competent, it likely would have changed                                                                                                         irrelevant. That’s kind of where I get to,        of people in Montana.
                                                                                                school ... I had developed some expertise        the outcome.                                                                                                                                    it’s like, “Is it a rational fear?” No, I don’t
                                                                                                on the firearm side because of my compet-            As lawmakers, I think two things: One,                                                                                                      think so.                                         GS: Going to House Bill 102, tell me your
                                                                                                itive shooting background. We have a lot         the government shouldn’t be regulating                                                                                                                                                            thought process on why you think the state
                                                                                                of laws on the books that aren’t really con-     anything unless it has a compelling inter-                                                                                                      GS: That brings up an interesting point           Legislature should control guns rather
                                                                                                gruent with the realities of firearms. So for    est. We should have the ability to essential-                                                                                                   about Montana specifically. You mention           than the Montana Board of Regents.
                                                                                                instance, this last session I carried House      ly move and act and do things freely from                                                                                                       this in your closing speech in the Senate
                                                                                                Bill 102, but I have carried or worked on        government intervention, unless there’s                                                                                                         Judiciary Committee. Do you think that            SB: It’s not so much that we want to control
                                                                                                legislation for teachers to carry in schools,    a compelling need. And to me, I don’t see                                                                                                       Montana is unique in that we have a lot of        firearms, it’s that we want to establish a
                                                                                                campus carry before allowing concealed           the compelling need to regulate firearms.                                                                                                       guns compared to an East Coast state like         hierarchy of rights. To say the Board of
                                                                                                carry ... kind of across the board, firearms     I could take my .45 in my leather holster,                                                                                                      New Jersey?                                       Regents has absolute totalitarian control
                                                                                                reform. House Bill 102 addressed a big           walk around downtown completely legally.                                                                                                                                                          over any aspect of the university system,
                                                                                                chunk of that, actually. That was probably       I could even walk into a bar legally with                                                                                                       SB: The point that I was making is that in        like its own private state within a state, is
                                                                                                one of the things that I was most involved       an open carry in just a leather holster. So                                                                                                     New York, or New Jersey, or Maryland, or          an overreach. I don’t see how they have
                                                                                                in. In terms of education, I was trying          that’s where the permitless carry aspect                                                                                                        even California, they’re very regulated.          the ability to regulate firearms or the Sec-
                                                                                                to give parents more control over their          of my bill came in saying, “Look, we don’t                                                                                                      In New York you have to have a permit to          ond Amendment or the First Amendment

 Seth Berglee, Montana’s gun bill sponsor
                                                                                                children’s education. We have some great         require a permit for someone to carry a                                                                                                         own a firearm. Whereas here, if I’m 17, my        based on their ability to run the university
                                                                                                schools in the state. But we also know that      gun openly. Why are we requiring a permit                                                                                                       dad could just give me one. You go to some        system.
                                                                                                not every school always fits every kid ...       for them to carry concealed?” We want to                                                                                                        one of these more-regulated states that              And so the argument they’re essentially
                                                                                                So just trying to give parents more options      encourage people, in my mind, to carry                                                                                                          don’t allow high capacity rounds, you have        making is that they have to pay taxes, they
GRIFFEN SMITH                                   upbringing. I … ended up going to Ohio
                                                                                                has been a pretty big push.                      concealed because I think — in my profes-                                                                                                       to have a permit. They don’t allow owner-         have to fall under a broad swath of other
griffen.smith@umontana.edu                      State on a shooting scholarship, and shot
                                                                                                                                                 sional opinion from having trained people                                                                                                       ship under 21, some of them for pistols.          regulations that the Legislature sets, and
ORIGINALLY PUBLISHED ONLINE: Sept. 24, 2021     for them for a couple years. My junior
                                                                                                GS: And focusing more on guns, I would           around as, you know, multiple branches of                                                                                                       There’s more people around Montana cam-           they abide by those. There are arguments
                                                [and] senior year I was competitive on the
   As House Bill 102, a law proposing                                                           say everyone has a different view on guns.       the military, federal law enforcement, local                                                                                                    puses that own guns and carry guns and            with this as well. This is like a specific
                                                pistol team. And from there, I enlisted in
sweeping firearms law changes in Mon-                                                           Everyone has a unique view, some quite           law enforcement, SWAT teams — that’s the                                                                                                        have guns in their houses or their vehicles       reach of rights. So if it’s a general man-
                                                the army marksmanship unit as a com-
                                                                                                opposite to each other. I think it’d be im-      smart way to do it. No one knows you have                                                                                                       than there would be in a state like that.         date that applies to the university system,
tana, is being argued over in district court,   petitive shooter on the army team. Then                                                                                                                                                             MONTANA STATE LEGISLATURE | CONTRIBUTED
its sponsor watches from the sidelines.                                                         portant to just explain your view on guns.       it, they can’t target you, they can’t target                                                                                                       Our culture is different, many upbring-        the university system has to follow it like
                                                I wanted to be involved in politics ... I                                                                                                           Okay, they could say I’m afraid that         carry person pulling out their gun getting
Montana State Representative Seth                                                                                                                the gun. So let’s encourage people to do                                                                                                        ings make us familiar with guns. And I            everybody else.
                                                ended up getting a lot more involved than                                                                                                        someone’s going to get angry, they’re           angry. The other argument I’ve heard is it
Berglee, a Republican from Joliet, intro-                                                       SB: Sure. To me, firearms are a tool. Ul-        that.                                                                                                                                           think too, at some point, we have to ask,            But in the case of firearms, the univer-
                                                I intended and running for the Legislature.                                                                                                      going to pull out a gun, and they’re going      could be accidental. Someone accidentally
duced the bill in the 2021 session, but         And that was seven years ago.                   timately, they’re an inanimate object. So                                                                                                                                                        is this an education problem? Or is this a        sity system argues that it doesn’t apply to
                                                                                                                                                 GS: There’s a lot of students on campus         to shoot. Now that’s a viable reason. If        pulls out the gun themselves, shoots some-
has worked to expand gun rights during                                                          they are essentially an extension of who-                                                                                                                                                        reality problem? As a citizen in America,         them. To me, it seems like a counterintu-
                                                                                                                                                 that kind of have the exact opposite view       that’s a real possibility, then it should be    body. And there are a few instances, if you
his four terms in Helena. He spoke to the       GS: Yeah. And now you’re kind of at the         ever’s utilizing them or using them. The                                                                                                                                                         you could carry on that side of the street        itive argument, because adults have the
                                                                                                                                                 on guns that you do. They don’t like them.      addressed. And so you start looking at sta-     look around you can find some of them. In
Montana Kaimin in a phone interview,            end of your Legislature experience, cor-        guns themselves are not good. They are a                                                                                                                                                         across campus. We could allow the same            ability to carry a firearm in the state, that’s
                                                                                                                                                 They don’t want them on campus. What            tistics like, OK, statistically, what are the   Utah, even a professor shot himself in the
detailing his four terms in the Legislature     rect?                                           reflection of the purpose behind them. So                                                                                                                                                        thing here; there’s no difference, there’s no     already a right afforded to them. But they
                                                                                                                                                 would you say to them?                          chances of X or Y happening? And it’s just      foot. I think he had a gun in his office, it
and his thoughts on guns and the Montana                                                        that leads us into a discussion of the idea                                                                                                                                                      statistical difference between kids off cam-      can’t carry on college campuses. So it ap-
                                                                                                                                                                                                 so low. I mean, you look at it [and] there’s    discharged itself.
University System.                              SB: Yep. So I’m termed out, this last session   behind firearms or weapons in general,                                                                                                                                                           pus or kids on campus. So we shouldn’t            plies to everyone in the state except on the
                                                                                                                                                 SB: I think two things. One, the rationale of   like 14 or 16 states that allow concealed          Those instances occasionally do happen.
   Editor’s note: This interview has been       was my fourth session. So next November,        not just firearms. And to me, firearms are                                                                                                                                                       be denying a right that’s available to them       campuses. The judge in the lawsuit spe-
                                                                                                                                                 “I don’t like it” is not a viable argument to   carry on campuses ... And so the argu-          If you look at accidental firing, or acciden-
edited for length and clarity.                  when they elect somebody else to my posi-       an extension of your right to either be on                                                                                                                                                       everywhere else.                                  cifically stated that it isn’t about firearms,
                                                                                                                                                 me. And I don’t think that’s what should be     ment that, well, someone’s gonna get mad,       tal discharges, they’re a limited number of
                                                tion, that’ll be the end of my term.            defense or offense.                                                                                                                                                                                                                                it’s about specific authority of the Legis-
                                                                                                                                                 a viable argument for any of the laws that      they’re gonna shoot somebody, it hasn’t         people. But then you look at the numbers
Griffen Smith (GS): Let’s get right on to the                                                      You can use it one of two ways and
                                                                                                                                                                                                 ever happened that I’ve been able to find.      of people that conceal-carry [in] Montana       GS: For House Bill 102, and kind of your          lature to override the Board of Regents’
first question. Tell me about yourself and                                                      generally when you’re carrying a firearm,        you make. What it comes down to is, what                                                                                                        work on guns, there’s a lot of changes that       decisions. If this was tax law, that’s very
                                                GS: So tell me your experience in the                                                                                                               So to me, just from a likelihood stand-      [and it] is like 35,000 people. And that
how you got to the state Legislature.                                                           unless you’re in the military or some law        are the realities of it? We need to have a                                                                                                      you were involved with there. Is House Bill       different from first or second amendment
                                                house. Eight years seems like a lot of time                                                                                                      point, more people are killed by mass           number has been climbing. So it’s probably
                                                                                                enforcement agencies, you’re not carrying        worldview that’s congruent with reality.                                                                                                        102 the ultimatum to gun law change, or           rights. I think we are afforded a higher de-
                                                to be in there.                                                                                                                                  shooters. A concealed carry permit holder       about 40,000 now. So we’ve got a million
Seth Berglee (SB): I grew up in Montana,                                                        a gun offensively to enforce your directives     And so the question I asked is “I get where                                                                                                     do you think more needs to happen with            gree of protection under the Constitution
                                                                                                                                                 you’re coming from, let’s have a conversa-      is likely to run the numbers, your chances      people. So if you’re looking at percent-
northeast Montana. My family farmed and                                                         on somebody else. That’s war. And so the                                                                                                                                                         gun laws?                                         for these specific purchases, which is why
                                                SB: I was just thinking about that. I spent                                                                                                      are many times greater of the mass shoot-       age-wise, you got a couple percent out of
ranched. It was a pretty normal Montana                                                         idea behind self-defense is that it’s a defen-   tion about what it is that you’re afraid of.”                                                                                                                                                     I called it out in the bill.
                                                essentially 16 months of my life living in                                                                                                       ing incident than some random concealed         100 people in the state. There’s people that

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MONTANA KAIMIN In the Crosshairs - A legal tug-of-war over guns at universities leaves campuses
than obtaining a concealed carry permit
                                                                                                                                                                                                                                                                                                                                                                                  from a county sheriff’s office. The bill
                                                                                                                                                                                                                                                                                                                                    “If I can boil it down,                       also allows concealed guns in banks and
                                                                                                                                                                                                                                                                                                                                                                                  bars, which usually only allow firearms
                                                                                                                                                                                                                                                                                                                                    anyone can physically                         on their premises when people are open
                                                                                                                                                                                                                                                                                                                                                                                  carrying.
                                                                                                                                                                                                                                                                                                                                    bring a gun into a space.                        Most notably for the state’s universi-
                                                                                                                                                                                                                                                                                                                                                                                  ties, HB 102 stipulated that the Montana
                                                                                                                                                                                                                                                                                                                                    I should legally be able                      University System couldn’t ban guns on
                                                                                                                                                                                                                                                                                                                                                                                  campus, and in setting gun policy, it can
                                                                                                                                                                                                                                                                                                                                    to bring one, too.”                           only follow the guidelines from the legis-
                                                                                                                                                                                                                                                                                                                                                                                  lature. The bill would also allow permit-
                                                                                                                                                                                                                                                                                                                                                                                  less concealed carry on campus.
                                                                                                                                                                                                                                                                                                                                                      Sen. Seth Berglee              Berglee cited several examples of states
                                                                                                                                                                                                                                                                                                                                                                                  that allowed guns at universities.
                                                                                                                                                                                                                                                                                                                                                                                     Campus carry exists in more than a
                                                                                                                                                                                                                                                                                                                                    ture this spring.                             dozen states, but only Utah matches HB
                                                                                                                                                                                                                                                                                                                                       The bill would allow anyone to carry a     102 in explicitly requiring guns be al-
                                                                                                                                                                                                                                                                                                                                    gun on campus, openly or concealed. It        lowed on every college campus. That Utah
                                                                                                                                                                                                                                                                                                                                    would overrule UM’s current policy — one      legislation, and most other gun-friendly
                                                                                                                                                                                                                                                                                                                                    that has been on the books since 1987         campuses, still mandate that gun carriers
                                                                                                                                                                                                                                                                                                                                    and requires students who want to bring       have a concealed carry permit, though —
                                                                                                                                                                                                                                                                                                                                    guns onto campus to check them into a         differing from HB 102’s proposed permit-
                                                                                                                                                                                                                                                                                                                                    gun locker. The policy says nobody except     less concealed carry.
                                                                                                                                                                                                                                                                                                                                    law enforcement may carry on campus.             “If I can boil it down, anyone can
                                                                                                                                                                                                                                                                                                                                       In May, the Board of Regents was           physically bring a gun into a space,” Rep.
                                                                                                                                                                                                                                                                                                                                    preparing to implement HB 102 by its          Berglee said in a recent interview with
                                                                                                                                                                                                                                                                                                                                    original June 1 deadline. But after two       the Kaimin. “I should legally be able to
                                                                                                                                                                                                                                                                                                                                    meetings seeking public comment — most        bring one, too.”
                                                                                                                                                                                                                                                                                                                                    of which urged the board to fight against        Under HB 102, MUS could mandate hol-
                                                                                                                                                                                                                                                                                                                                    the legislation — the regents sued the        stering guns on campus, restrict firearms
                                                                                                                                                                                                                                                                                                                                    legislature on May 19, arguing it had over-   at controlled events and allow students in
                                                                                                                                                                                                                                                                                                                                    stepped its bounds.                           residence halls to object to their room-
                                                                                                                                                                                                                                                                                                                                       On May 28, three days before the law       mate bringing their gun.
                                                                                                                                                                                                                                                                                                                                    would have gone into effect, a Lewis and         At the January hearing, the National
                                                                                                                                                                                                                                                                                                                                    Clark County judge temporarily barred it      Rifle Association, along with interest
                                                                                                                                                                                                                                                                                                                                    from going into effect. Ten days later, on    groups from around the country, testi-
                                                                                                                                                                                                                                                                                                                                    June 7, the judge indefinitely extended       fied in favor of HB 102. But most of the
                                                                                                                                                                                                                                                                                                                                    the order to prohibit enactment of HB 102     hearing consisted of opposition speeches.
                                                                                                                                                                                                                                                                                                                                    until the lawsuit could be heard in court.    Many were from students and educators.
                                                                                                                                                                                                                                                                                                                                       Because Montana’s constitution explic-     Some, like Montana State University
                                                                                                                                                                                                                                                                                                                                    itly gives the Board of Regents authority     student Daisy Khoury, had seen the dark
                                                                                                                                                                                                                                                                                                                                    over affairs on campus, the legal battle      side of guns.
                                                                                                                                                                                                                                                                                                                                    will determine more than just whether            “When I was 13 years old, one of my
                                                                                                                                                                                                                                                                                                                                    guns should be on campus. Instead, a          best friends committed suicide right in

 Holstered?
                                                                                                                                                                                                                                                                                                                                    larger question is at stake: Who has the      front of me. He shot himself in the head
                                                                                                                                                                                                                                                                                                                                    right to control the Montana University       with a handgun,” Khoury said. “Guns
Sean Anderson, a senior at the University of Montana, fires some rounds at a shooting range using his personal AR-15. Anderson is one of many gun-owning students at UM who is paying close attention to what the                                                                                                                   System?                                       have no place on a college campus, or
                                                                                                                                                                                                                                                                                                                                                                                  near any school.”

                                                                                                                                                                 H
school policy will be involving HB 102 and guns on campus. In Montana, you have to be 18 years old to purchase a long gun and 21 to legally purchase a handgun. RIDLEY HUDSON | MONTANA KAIMIN
                                                                                                                                                                                                                                                                                                                                                                                     Despite almost an hour of opposing
                                                                                                                                                                                      ALSTON WITT is a                                                                                                                                A long-standing policy                      testimony, the bill passed the Senate
                                                                                                                                                                                                                                                                                                                                                                                  Judiciary Committee on Jan. 20. And after
                                                                                                                                                                                      gun owner.                    Halston Witt, a freshman at the University of Montana, left her hand gun at home in South Dakota. Witt                                                        it ran through the state House and Senate
                                                                                                                                                                                        The freshman                carries a gun for safety reasons. She plans to bring it back to school when she goes home after learning that                                                 on party lines, Gov. Greg Gianforte signed
                                                                                                                                                                                      biology major from                                                                                                                              For years, gun advocates in Montana
                                                                                                                                                                                                                    she can store her firearm with UMPD. RIDLEY HUDSON | MONTANA KAIMIN                                                                                           HB 102 into law before the legislative
                                                                                                                                                                                      South Dakota says her                                                                                                                         have sought to loosen restrictions. The
                                                                                                                                                                                                                                                                                                                                                                                  session was even halfway over.
                                                                                                                                                                                      desire to carry a gun         cousin got an iPod.”                                    campus: the current policy, which re-                   political climate in 2021 gave them the
                                                                                                                                                                                      for self-protection was         Now, nearly a decade later, Witt hasn’t               quires her to check her gun into a police               window of opportunity they were looking
                                                                                                                                                                  sparked by an incident that occurred at           turned away from guns. She wanted to                    locker, and a new law being challenged                  for: a majority Republican legislature,
                                                                                                                                                                  her home when she was young. A man
                                                                                                                                                                  pounded on the door over and over, de-
                                                                                                                                                                                                                    bring her pistol, purchased legally by her              in court that would have meant she could                with a Republican governor at the helm
                                                                                                                                                                                                                                                                                                                                    for the first time in 16 years.                “Guns have no place on
                                                                                                                                                                                                                    father, to campus this year, but left it at             carry it anywhere on campus, out in the
                                                                                                                                                                  manding entry, until finally giving up and
                                                                                                                                                                  leaving Witt and her mother alone.
                                                                                                                                                                                                                    home in Watertown, South Dakota. She                    open or concealed.                                        At a Senate Judiciary Committee
                                                                                                                                                                                                                                                                                                                                    hearing in January, Sen. Seth Berglee, a
                                                                                                                                                                                                                                                                                                                                                                                  a college campus, or near
                                                                                                                                                                                                                    did not know the rules in Montana, and                     For UM administration and the Mon-
                                                                                                                                                                                                                                                                                                                                                                                  any school.”
New state law puts campus carry in limbo
                                                                                                                                                                    Witt grew up around firearms and hunt-          didn’t feel comfortable bringing her gun                tana University System, the issue of                    Republican state senator from Joliet, Mon-
                                                                                                                                                                  ing. She recalled a Christmas when her            into the dorms.                                         guns on campus has become more than                     tana, introduced HB 102, legislation he
                                                                                                                                                                  dad gave her a .22-gauge shotgun with her           As Witt started her first day at the                  a theoretical debate. House Bill 102, one               has been trying to pass for eight years.
                                                                                                                                                                  name engraved on the side. She was in             University of Montana, she was caught                   of the most unrestrictive gun laws in the                 Berglee’s bill changed Montana’s con-                                Daisy Khoury
                                                                                                                                                                                                                                                                                                                                    cealed carry laws to allow permitless car-
Story by Griffen Smith ORIGINALLY PUBLISHED: Sept. 9, 2021                                                                                                        elementary school.
                                                                                                                                                                    “It was kind of jarring,” she said. “My
                                                                                                                                                                                                                    between two realities involving guns on                 country, passed in the Montana legisla-
                                                                                                                                                                                                                                                                                                                                    ry anywhere one can open carry, rather

10 Fall 2021   montanakaimin.com                                                                                                                                                                                                                                                                                                                                                                   montanakaimin.com Fall 2021 11
MONTANA KAIMIN In the Crosshairs - A legal tug-of-war over guns at universities leaves campuses
Ask the Oval: HB 102
                                                                                                                                                    their guns are possibly bringing them

                                                                                                                                                                                                                  Gun Ownership by State 2021
                                                                                                                                                    on campus,” he said. “We recommend
                                                                                                            Caught in court                         people check the gun in, but they are also
                                                                                                                                                    allowed to store them in their cars as long
                                                                                                                                                    as it is unloaded, secured and the car is
                                                                                                                                                    locked.”
                                                                                                       Because of the injunction, HB 102               This may be the answer for students
                                                                                                    won’t be implemented until it is worked
                                                                                                                                                                                                                                                              Top 5 States
                                                                                                                                                    like Witt, who feels protected having a
                                                                                                    out in court, a process that could take         gun.
                                                                                                    years, according to UM law professor               “As an 18-year-old woman who isn’t
                                                                                                    Anthony Johnstone. So the bill changes          large, I use it for self protection,” Witt
                                                                                                    nothing for students while it remains
      Sophia Mathena | Junior | Integrative Physiology                                              embroiled in court.
                                                                                                                                                    said. “When I stop alone in Baker, Mon-
                                                                                                                                                    tana, while driving home, I feel more
                                                                                                       “In this case, the Board of Regents          comfortable being armed.”
                                                                                                    really felt like we needed some clarity on
      “If it were a law, I would be okay with it. I grew up with                                    what roles the board has and what the
                                                                                                    legislative role is,” said Helen Thigpen, ex-
      guns. But I have mixed feelings for campus. Bad apples                                        ecutive director of government relations
                                                                                                    and public affairs for the Commissioner
                                                                                                                                                    Sixty percent of all
      would probably ruin it for people.”                                                           of Higher Education. “This suit is to find      Montana gun deaths are
                                                                                                    where that line is, which is sometimes
                                                                                                    described as murky.”                            suicides, and 72% of the
                                                                                                       The murky line has been tested before.
                                                                                                    In 1975, the Montana Supreme Court              state’s youth suicides
                                                                                                    heard a case called Judge v. Board of
      Noah Woodin | Freshman | Media Arts                                                           Regents, which centered around a bill al-       are done with firearms.
                                                                                                    lowing the legislature to regulate specific
                                                                                                    budgets of college departments through                  Montana Department of
                                                                                                    a committee. The court sided with the
      “Everyone should be well versed on firearms. I defi-                                          university system, strengthening its prec-                   Public Health and
      nitely see both sides to guns. Maybe UM could issue                                           edent of college campus control.                               Human Services
                                                                                                       The Montana Federation of Public Em-
      background checks for students bringing a gun to the                                          ployees has also brought a suit against HB
                                                                                                    102 in a Bozeman court.
      dorm.”                                                                                           “Either court can rule the law is uncon-
                                                                                                    stitutional or not, and that would be that,”
                                                                                                                                                       Witt does want to bring her pistol to
                                                                                                                                                    campus eventually. She could leave it in
                                                                                                    Johnstone said. “But it is likely either
                                                                                                    verdict will be appealed to the Montana
                                                                                                                                                    her car, or UM’s gun locker. Before orien-           Montana                Wyoming                    Alaska                   Idaho              West Virginia          National Average
                                                                                                                                                    tation on campus, Witt didn’t know either
      Justin Miller | Transfer student | Diesel Equipment                                           Supreme Court. It could be in the process
                                                                                                    for a long time.”
                                                                                                                                                    was an option.

      Technology                                                                                                                                       While the amount of students who do
                                                                                                                                                    not follow university gun laws in Mon-           Montana has the highest rate of gun ownership per capita in the U.S., according to data from the Rand Corporation. MCKENNA JOHNSON | MONTANA KAIMIN

                                                                                                      Guns on campus today                          tana is uncountable, some say they exist.
                                                                                                                                                    State representative Braxton Mitchell, a                                                        coming into a new environment. But we               tana State University, who set her up to
      “A year ago I would have totally been for guns on cam-                                                                                        20-year-old Republican from Columbia                                                            don’t know what will happen.”                       talk at the hearing.
                                                                                                                                                    Falls, published an opinion piece in the          Long-lasting trauma                              The last gun death at UM reported by                She raised concerns HB 102 would
      pus, but now that I live on one, I know this isn’t the                                           There have always been guns in and
                                                                                                    around UM, as firearms are often consid-
                                                                                                                                                    Missoulian June 10 stating he knows
                                                                                                                                                    students who bring their guns on campus
                                                                                                                                                                                                                                                    the Kaimin was student Kole Swartz, who
                                                                                                                                                                                                                                                    died in 2015 after accidentally shooting
                                                                                                                                                                                                                                                                                                        make students with gun trauma feel un-
                                                                                                                                                                                                                                                                                                        safe at colleges and threaten their mental
      place for them. There is a time and place for guns, and                                       ered part of the state’s culture. Compared
                                                                                                    to other states, Montana has the highest
                                                                                                                                                    because they feel an obligation to keep
                                                                                                                                                    others safe.
                                                                                                                                                                                                     Roughly 200 people die from guns in            himself at a home in Clinton, Montana.
                                                                                                                                                                                                                                                       Khoury, the MSU student who testified
                                                                                                                                                                                                                                                                                                        health.
                                                                                                                                                                                                  Montana each year, according to data                                                                     “The bill just instilled fear in me,”
      people on campus are not comfortable seeing a gun.”                                           rate of gun ownership per capita, at 66.3%
                                                                                                    of people, according to a 2020 report
                                                                                                                                                       “I can name countless friends in our       from the Centers for Disease Control              against the bill, has personal experience           Khoury said. “Some people feel safer
                                                                                                                                                    university system who currently con-          and Prevention. In 2019, the Montana              losing a friend to suicide. It still affects        being armed, but those like me feel safer
                                                                                                    from the Rand Corporation. The national         ceal carry on campus and have firearms                                                          her today.                                          knowing there is not a gun in my area.”
                                                                                                                                                                                                  Department of Public Health and Human
                                                                                                    average is 48%.                                 in their dorms, which is currently not                                                             Her parents were there for her. She had             She followed the bill as it progressed
                                                                                                                                                                                                  Services reported that 60% of the state’s
                                                                                                       With the bill tied up in court, MUS          allowed,” he wrote. “These students are                                                         a therapist. But Khoury explained that              and landed on Gianforte’s desk. But like
                                                                                                                                                                                                  suicides were by gun, and 72% of youth
                                                                                                    policy still rules. Any student who wishes
      Matt Hunter | Grad student | Accounting                                                       to bring a gun on campus must store it in
                                                                                                                                                    responsible and have the background
                                                                                                                                                    and knowledge to safely own and equip
                                                                                                                                                                                                  suicides were done with firearms.
                                                                                                                                                                                                     Tracee Anderson, interim director of
                                                                                                                                                                                                                                                    the process of coping with the loss of her
                                                                                                                                                                                                                                                    friend was deeply personal.
                                                                                                                                                                                                                                                                                                        many other students, she did not know
                                                                                                                                                                                                                                                                                                        about the lawsuit, or that it had stopped
                                                                                                    a campus gun locker, or keep it unloaded        firearms.”                                                                                         Khoury struggled.                                HB 102 from taking effect.
                                                                                                                                                                                                  the Curry Health Center’s counseling
                                                                                                    in their locked car.                               UM strategic communications director                                                            By the end of high school, she did not              Her first week of school was filled with
                                                                                                                                                                                                  program, said the easy accessibility to
      “I don’t like the idea of guns on campus. I grew up with                                         The number of students who keep their
                                                                                                    guns in UM police lockers varies, but it is
                                                                                                                                                    Dave Kuntz said he has not heard about
                                                                                                                                                    cases of students violating gun policy,
                                                                                                                                                                                                  firearms that could come if HB 102 be-            have a plan for college or anything else.
                                                                                                                                                                                                                                                       But Khoury said she has grown since
                                                                                                                                                                                                                                                                                                        thoughts of which passing student’s back-
                                                                                                                                                                                                                                                                                                        pack could contain a firearm.
                                                                                                                                                                                                  comes campus policy is a concern for her
      them, my family owns guns. I think it could work for                                          not more than a couple dozen, according
                                                                                                    to Brad Giffin, chief of UMPD. The num-
                                                                                                                                                    and little is known about students with
                                                                                                                                                    firearms outside of UM’s campus.
                                                                                                                                                                                                  office as well.                                   her friend’s passing. She decided to apply
                                                                                                                                                                                                                                                    to MSU on a whim, and is studying to be a
                                                                                                                                                                                                                                                                                                           Witt, the freshman biology major at
                                                                                                                                                                                                     “Our fear is that easy accessibility                                                               UM, is a stark contrast to Khoury. She
      hunting rifles, but that’s about it.”                                                         ber also changes often, as any student can
                                                                                                    take their gun out of the locker.
                                                                                                                                                       Should HB 102 become campus policy,
                                                                                                                                                    Giffin said, a top concern for UMPD is
                                                                                                                                                                                                  to firearms could mean more suicide               forensic psychologist.                              said on her first day walking to class she
                                                                                                                                                                                                  attempts,” Anderson said. “Look at the               When she heard about HB 102 in Janu-             felt comfortable at UM. She wasn’t car-
                                                                                                       But Giffin also said many students are       accidental discharge and easy access to                                                         ary, she reached out to her dean and MSU            rying her gun, but UM’s campus seemed
                                                                                                                                                                                                  experience students have when they are
                                                                                                    not aware of UMPD’s gun locker, and             guns.                                                                                           president Waded Cruzado. She talked to              safe. Besides, she carries mace and a
                                                                                                                                                                                                  in a new space. There’s trepidation, anx-
                                                                                                    often break the rules.                                                                                                                          representatives in MSU’s student govern-            knife.
                                                                                                                                                                                                  iety, uncertainty — typical challenges to
                                                                                                       “People who don’t want to store                                                                                                              ment, the Associated Students of Mon-
                                                                   RIDLEY HUDSON | MONTANA KAIMIN

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MONTANA KAIMIN In the Crosshairs - A legal tug-of-war over guns at universities leaves campuses
ABOVE: Nicole Bealer, a University of Montana junior in wildlife biology, has mixed feelings about the Montana Legislature’s
                                                                                passing of HB 102. Although she feels comfortable with the idea of open carry firearms, Bealer worries about the impact of
                                                                                guns being in the hands of young college students and what that would look like in a campus setting.

                                                                                LEFT: Bealer looks down the shooting range through the scope of her .306 rifle as she sets to fire a couple of practice rounds.
                                                                                Bealer, a proponent of firearm safety, believes more people need to take gun handling more seriously. After the passage of
                                                                                HB 102, she said she’s concerned about the potential impacts of guns being around college campuses.

                                                                                       N
                                                                                                             ICOLE BEALER doesn’t                life biology junior from Houston, gun safety
                                                                                                             see guns as toys.                   is something that she continuously practices,
                                                                                                                As a gun owner, Bealer           especially now that she’s a gun owner in a
                                                                                                             sees guns beyond their              state where there are more guns than people.
                                                                                                             recreational use. She                  At UM and across the Montana University
                                                                                                             thinks of them as tools,            System, the issue of guns on college campuses
                                                                                                             their primary purpose               is becoming more of a reality, after House Bill
                                                                                        being to kill animals for food or for outdoor            102 — one of the most unrestricted firearm
                                                                                        sports like hunting.                                     policies in the country — passed in the Mon-
                                                                                           “Firearms are very closely tied to being a            tana Legislature earlier in the spring.
                                                                                        hunter for me,” she said. “I do enjoy going to              The bill, as it stood after its passing, would
                                                                                        the range, but I shoot because I’m preparing             allow for anyone on any Montana University
                                                                                        to hunt. I’m not quite recreational enough to            System campus to to carry a gun, openly or
                                                                                        just go spend money on ammo for shits and                concealed. It also would allow anyone to
                                                                                        giggles.”                                                conceal carry without a permit anywhere
                                                                                           Before moving to Montana for college,                 someone can open carry. HB 102 overrules
                                                                                        Bealer didn’t have guns of her own. The only             the University’s current policy, which holds
                                                                                        ones in her Texas household were her dad’s,              that no one except law enforcement may
                                                                                        who owned a .22 rifle, a .22 pistol and a .357           carry weapons on campus, and requires
                                                                                        revolver. As an eight-year-old, she would                students, faculty and staff who wish to bring
                                                                                        often go to the gun range with her dad and               their firearms onto campus to store them with

 Scoping out HB 102
                                                                                        brothers to shoot recreationally and learn               UMPD.

                                   What open carry on campus means
                                                                                        first-hand about gun safety.                                Now, the potential law is caught in legal
                                                                                           “Firearm safety was really big for my dad.            limbo after the Montana Board of Regents
                                                                                        He just always took it very seriously,” Bealer           sued the state last May, claiming the legis-

                                   to one UM gun-owning student
                                                                                        said. “He was a big proponent of keeping guns            lature overstepped its bounds by trying to
                                                                                        in a locked safe.”                                       control the universities. A Lewis and Clark
                                                                                           For Bealer, a University of Montana wild-             County judge filed an injunction on May 28,
                                   Story and Photos by Antonio Ibarra
14   Fall 2021 montanakaimin.com   ORIGINALLY PUBLISHED ONLINE: Nov. 22, 2021                                                                                                  montanakaimin.com Fall 2021 15
MONTANA KAIMIN In the Crosshairs - A legal tug-of-war over guns at universities leaves campuses
ABOVE: Knealing in front of a shooting targets, Bealer congratulates Fintz on her
                                                                                                                                    improved marksmanship shooting for the day. Bealer is helping Fintz prepare for her
                                                                                                                                    first hunting expedition in the coming months. UM’s chapter of Backcountry Hunters
                                                                                                                                    & Anglers provides its members with tools such as targets to practice firearm and
                                                                                                                                    marksman skills.

Bealer helps University of Montana junior Zoe Fintz, right, from New York, with her 0.306 rifle marksmanship at Big Sky Practical
Shooting Club. One of the many tasks Bealer has as hunt coordinator for Backcountry Hunter & Anglers is helping members like
Fintz by taking them on practice shoots at gun ranges to improve their marksmanship to prepare for their first hunting trips.
           which temporarily barred it from becoming                 If HB 102 escapes judicial hold-up, Giffin
           a law. As it remains held in court, many have          and UMPD would be in charge of enforcing
           been left to figure out the potential implica-         the law’s policy around campus. Giffin said
           tions of an HB 102-campus.                             one of the most problematic parts of the bill
              The passing of HB 102 affects concerned             is the open carry component to it. Confusion                                                                                                              Ammo and rifles like the .306 pictured above are sometimes provided by UM’s BHA officers and other chapter members. This facilitates hunting opportunities for those who don’t have access to firearms and ammo.
           students like Bealer. While she feels comfort-         could arise from students holstering guns on
           able with the idea of concealed gun carry, she         campus.                                                                                                                                                                                                                       LEFT: Fintz, right, walks down the
           does worry about the impact of guns in the                Giffin has recently been working with                                                                                                                                                                                      range with Bealer to place shooting
           hands of college students in a campus setting.         schools such as the University of Wyoming                                                                                                                                                                                     targets as they set to go through
              “I don’t love it. I don’t know if I trust the       and Texas A&M — who currently have cam-                                                                                                                                                                                       marksmanship training at the Big
           general population that much, especially col-          pus concealed-carry policies — to see how
                                                                                                                                                                                                                                                                                                Sky Practical Shooting Club range
           lege students,” she said. “Mental health-wise,         they’re enforcing firearms. One of the main
                                                                                                                                                                                                                                                                                                east of Missoula. Bealer said one
           we’re all over the place.”                             issues Giffin said officers at Wyoming have
                                                                                                                                                                                                                                                                                                of the main barriers when she first
              Apart from her college life and delving             encountered is public negligence of where
           into the hunting world of Montana, Bealer              people can’t have firearms on campus.                                                                                                                                                                                         delved into the hunting world were
           is the hunt coordinator at UM’s chapter of                Currently, Montana Board of Regents pol-                                                                                                                                                                                   the ammo and firearm expenses.
           Backcountry Hunters & Anglers, a nonprofit             icy “prohibits carrying firearms on or at any
           focusing on the outdoor heritage of hunting            campus of the Montana University System.”
           and fishing in North America. She helps                However, UMPD has a weapons storage vault
           educate students about hunting on Montana’s            where students, staff and faculty can safely
           public lands and hosts firearm workshops               store and access their firearms at any given
                                                                                                                                                                                                                                                                                                LEFT: As a proponent of firearm
           specializing in gun safety for members who             time.
                                                                                                                                                                                                                                                                                                safety, Bealer ensures UM’s BHA
           have never handled firearms.                              As the future of HB 102’s implementation
                                                                                                                                                                                                                                                                                                members learn the basics of safe
              While students certainly have been dealing          remains in question, Bealer said she doesn’t
           with unknown variables in the face of this             feel comfortable with the idea of seeing her                                                                                                                                                                                  gun handling practices to keep
           legislation, if there’s another person on UM’s         peers “packing heat” around UM’s campus,                                                                                                                                                                                      themselves and people around them
           campus getting headaches from the uncer-               given how immature students can be when it                                                                                                                                                                                    safe. Firearm safety includes using
           tainty of HB 102, it’s Chief of Police Brad            comes to guns.                                                                                                                                                                                                                proper noise-canceling equipment,
                                                                                                                                    Bealer understands why people enjoy shooting recreationally outside of a hunting
           Giffin.                                                   “It’s an alarming idea to think of a bunch                                                                                                                                                                                 treating all guns as loaded, keeping
                                                                                                                                    context, but she doesn’t see guns as toys. The guns she now owns have only been for
              “I think [HB 102] just wasn’t very well             of freshmen with guns, especially from the                                                                                                                                                                                    the barrel pointed in a safe direction
                                                                                                                                    hunting purposes, which is why she sees them as tools designed to kill things and not
           thought through,” he said. “The law is pretty          dumb things I’ve seen young people do,” she                                                                                                                                                                                   and maintaining a safe distance
                                                                                                                                    to be played with. “I shoot because I’m preparing to hunt. I’m not quite recreational
           broad when it comes to college campuses. I             said. “It’s a frightening idea that you could                                                                                                                                                                                 from others.
                                                                                                                                    enough to just go spend money on ammo just for shits and giggles,” she said.
           don’t necessarily agree with all of the laws           have easily accessible guns all the time in a
                                                                                                                                                                                                                                                                                                                                         ABOVE: Chief of Police Brad Giffin stands outside UMPD’s weapons storage vault where students cans store
           that are on the books, but it’s my job to en-          sort of dorm setting.”
           force them.”                                                                                                                                                                                                                                                                                                                  and access their firearms on campus at any time. The Montana Board of Regents currently has a policy in
                                                                                                                                                                                                                                                                                                                                         place that bans weapons on any Montana University System campus.

16   Fall 2021 montanakaimin.com                                                                                                                                                                                                                                                                                                                                                                                   montanakaimin.com Fall 2021 17
MONTANA KAIMIN In the Crosshairs - A legal tug-of-war over guns at universities leaves campuses
News | To sue or not to sue                                                                                                                                                                                                                                                                   Sports | What’s in the bag?
ASUM, ASMSU differ on legal action on controversial bills
                                                      ASUM researched whether it had legal stand-
                                                                                                                                                                              Clear bags or bulletproof ones: How will UM Athletics adapt if gun bill remains intact?
JACOB OWENS
                                                      ing to independently join the same suit ASMSU                                                                           TYE BROWN                                       Department of Athletics.
jacob.owens@umontana.edu                                                                                                                                                                                                         “Board policy also governs the pos-
                                                      did. He said research done by ASUM’s execu-                                                                             tye.brown@umontana.edu
ORIGINALLY PUBLISHED: Sept. 16, 2021
                                                      tives and student legal interns with professional
                                                                                                              12:58                                                           ORIGINALLY PUBLISHED: Oct. 28, 2021
                                                                                                                                                                                                                              session and consumption of alcoholic
                                                      legal advice from Lou Villemez, the ASUM legal                                                                                                                          beverages on campus,” Thigpen said in an
    As the legal fight over House Bill 102 and
                                                                                                                                                                                                                              emailed statement.

                                                                                                            < Messages
other bills escalated last spring, the student        services director, led to the conclusion ASUM                                                                              The University of Montana, UM Athlet-
                                                      could join the suit independent from UM.                                                                                                                                   Chuck Maes, senior associate ath-
government at one of Montana’s two largest
universities joined in, while the other remained         Durnell said one of the cases that supported                               UM                Contact                 ics and the Montana University System’s
                                                                                                                                                                              Board of Regents have no contingency
                                                                                                                                                                                                                              letic director, spoke about the alcohol
                                                                                                                                                                                                                              exception. Currently the board has only
an observer to the ongoing battle.                    this conclusion was Associated Students of the                                                                          plans to keep firearms out of certain sport-    approved alcohol sales at football and
    The Associated Students of Montana State
University (ASMSU) signed on to a lawsuit June
                                                      University of Montana v. The City of Missoula.
                                                      According to a memo that was part of ASUM’s                              UM Admin                                       ing events if the contentious House Bill
                                                                                                                                                                              102 makes it through court intact.
                                                                                                                                                                                                                              conference soccer games, but Maes hopes
                                                      legal research, the Montana Supreme Court                                                                                                                               a decision will be made in November to
3 challenging the constitutionality of House                                                                                                                                     HB 102, which usurps existing Board          allow alcohol sales for next basketball

                                                                                                                                                                                                                                                                                               z
Bills 102, 112 and 349 and Senate Bill 319.           classified ASUM as “an unincorporated associ-                                                                           of Regents policy prohibiting the open or

                                                                                                                                                                                                                                                                                             i
                                                      ation of students enrolled at the University” in                                                                                                                        season.
    HB 102 allows guns on campus. HB 112                                                                                                                                      concealed carry of firearms on Montana

                                                                                                                                                                                                                                                                                           r
                                                      the 1993 case where ASUM was a plaintiff.                                                                                                                                  “We’re exploring the option, as
requires transgender athletes to compete under
                                                         Durnell said UM disagreed with ASUM’s                                                 ASUM                           University System campuses, was halted          is MSU, with doing it for basket-

                                                                                                                                                                                                                                                                                    G
their assigned-at-birth sex. HB 349 expands free                                                                                                                              in May by a district court judge. While liti-
                                                      findings that it could join the suit independently                                                                                                                      ball,” Maes said. “But right now I’m
speech on campus while prohibiting student                                                                                                                                    gation is pending, the current board policy
group discrimination. And SB 319 allows poli-         from UM, an area there is still no consensus on.                               Hey! We’re going to                      remains in effect.
                                                                                                                                                                                                                              not sure if we’ll do it or not.”
                                                                                                                                                                                                                                 Maes said UM athletics is consider-
                                                      Durnell said this disagreement was not what
tial student group opt-in funding.
     The Associated Students of the University        prevented ASUM from joining the suit, though.                                  sign onto this HB 102                       If HB 102 goes into effect as written, ex-
                                                                                                                                                                              ceptions are granted to either the board or
                                                                                                                                                                                                                              ing where to set up a beer garden, and
                                                                                                                                                                                                                              what parameters must be met before
of Montana (ASUM) did not choose to join the             “If we decided it was the best decision for us
                                                      to join we would’ve still joined, and determined
                                                                                                                                     lawsuit. Just to lyk.                    a unit of the university system to prohibit     the board allows it.
legal fight. But both organizations believe they                                                                                                                              firearms at events where campus authori-           “If the Commissioner (of Higher Edu-
                                                                                                                                                                                                                                                                                                     BEER
have the legal standing to do so independent of       whether we were able to later, because it was so                                                                        ties have authorized alcohol to be served
                                                      time sensitive,” he said.                                                                                                                                               cation) approves it, he’ll tell us what the
their universities.

                                                                                                                                                                                                                                                                                           ER
                                                                                                                                                                              and consumed, as well as events with            conditions are to do it, and then we’ll
    UM did not believe ASUM could sign on to             Dave Kuntz, the director of strategic com-

                                                                                                                                                                                                                                                                                      BE
                                                                                                                                                                              armed security and controlled access.           see if we can meet those conditions,”
the lawsuit independently of the University.          munications at UM, said the University has no                                                                              “These are exceptions that either the
                                                      official stance on if ASUM can represent itself                                                                                                                         Maes said.
Though ASUM disagreed, it opted not to sign                                                                                                                                   board or the university system can come
                                                      independently in court. He said any conversa-                                                                                                                              This would still leave non-confer-
on to the suit.                                                                                                                                                               up with,” said Anthony Johnstone, a
                                                      tions on the topic were informal and not official                                                                                                                       ence soccer matches, volleyball, cross
    “It wasn’t necessarily about just taking our                                                                                                                              professor at UM’s Blewett School of Law.
                                                      legal opinions.                                                                                                                                                         country, track and field, tennis and
stance and running with it. It was really about                                                                                                                               “If the board decides to adopt a uniform
this whole concept of the Board of Regents and           Kuntz said the Board of Regents lawsuit is            UM                                                             strategy, that may be one option. But either
                                                                                                                                                                                                                              softball ineligible for HB 102’s alcohol
                                                                                                                                                                                                                              exception.
their constitutional authority, which we felt         the best way to challenge HB 102’s constitution-                                                                        one of them can adopt a policy interpret-          Otherwise, HB 102 states that excep-
was violated by the Legislature in this session,”     ality, a sentiment Durnell agreed with.
                                                         Blossom said ASMSU did not ask MSU’s
                                                                                                                No, u can’t. sry.                                             ing this law.”                                  tions for prohibiting firearms may be made
ASUM’s president Noah Durnell said. “And so                                                                                                                                      Currently the University has no concrete
                                                      permission to join the suit but informed them of                                                                                                                        at events that are “open to the public with
after the Board of Regents signed on we really                                                                                                                                plans to enforce the exceptions outlined in
                                                      their decision to join it. He said the organization                                                                                                                     controlled access and armed security on
didn’t think ASUM joining was going to be the                                                                                                                                 the bill.
                                                      did not hear much feedback, good or bad, from                                                                                                                           site.” This would apply to basketball games
most effective approach to meeting those ends.”                                                                                                                                  “The University has had a working
                                                      the administration.                                                                                                                                                     and other public events in the Adams
    Durnell said the organization didn’t join the                                                                                                                             group that has been meeting and sort of                                                         are present for those games.
                                                         “At the end of the day we serve students here                                                                                                                        Center, as well as football, but none of the
suit because the Montana University System’s                                                                                                                                  discussing the implementation of House                                                             “Athletics could definitely make the
                                                      at Montana State University, we don’t serve                                                                                                                             other aforementioned sports.
Board of Regents, the state’s higher education                                                                                                                                Bill 102, but I don’t know that we finalized                                                    decision that they want to now have
                                                      administrators at MSU,” he said.                                                                                                                                           Kent Haslam, director of athletics at the
authority, eventually filed another suit against                                                                                                                              our approach,” said Paula Short, associate                                                      controlled access and armed secu-

                                                                                                                                                                                                                                                                                                                             GR
                                                         Blossom said MSU’s administration and                                                                                                                                University of Montana, said UM Athletics
HB 102 — but also because UM informed                                                                                                                                         vice president of Campus Preparedness                                                           rity at all these venues. If that was
                                                      ASMSU are “close partners,” but ASMSU has                                                                                                                               is responsible for setting up controlled ac-
ASUM that if students are further harmed by                                                                                                                                   and Response.                                                                                   something they wanted to pursue,
                                                      autonomy from the University.                                                                                                                                           cess points and armed security for campus
any bills, the University will work with ASUM
                                                                                                                                                ASUM                             Helen Thigpen, executive director of         sporting events by contracting with the         then we’d be more than happy

                                                                                                                                                                                                                                                                                                                                   IZ
to defend students.                                      Durnell said ASUM believes a victory in the                                                                          government relations and public affairs for
                                                      Board of Regents suit against HB 102 could set                                                                                                                          university police department.                   to work with them,” Croft said.
    Norris Blossom, ASMSU’s president, said                                                                                                                                   the Office of the Commissioner of Higher                                                        “Whether they feel the financial
ASMSU joined the suit to protect the constitu-        a precedent that could then be used in litigation                             Um, yes we can. But                       Education, said she believes the decision
                                                                                                                                                                                                                                 “Right now, our plan is to continue to
                                                                                                                                                                                                                              restrict firearms at football games through     cost warrants us — there’s a
tional authority of the Board of Regents and not      against other bills, like those mentioned in the
because of the substance of the bills.                other suit.                                                                   we won’t. This time.                      to implement the exceptions will be left to
                                                                                                                                                                              the Board of Regents, but did not comment
                                                                                                                                                                                                                              metal detectors and clear bags,” Haslam         cost associated with each
                                                                                                                                                                                                                                                                              officer, so it would boil
                                                         Durnell said the latest legislative session has                                                                                                                      said.
    “Regardless of what the bills would’ve been,                                                                                                                              on whether they would do so.                                                                    down to what they felt
                                                      shown how much UM cares about its students.                                                                                                                                When speaking about providing armed
it’s always inappropriate for the Legislature to                                                                                                                                 “We just have to wait and see what                                                           the security footprint
                                                      He said ASUM’s ability to join a lawsuit or not                                                                                                                         security for other events, Haslam said,
pass bills that are clearly in the realm where the                                                                                                                            the district court does,” Thigpen said. “It                                                     needed to be.”
                                                      has no implication on how well the organiza-                                                                                                                            “We haven’t talked through that. I’d rely on
Board of Regents should govern,” Blossom said.                                                                                                                                hasn’t been addressed substantively in the                                                         While HB 102 remains
                                                      tion can represent UM students.                                                                                                                                         UMPD, the people who provide security, to
    ASMSU signed onto a lawsuit brought forth                                                                                                                                 district court yet, and we don’t expect that                                                    enjoined, if it leaves litigation
                                                         “I have no doubt in ASUM’s ability to repre-                                                                                                                         give us that advice.”
by the Goetz, Baldwin & Geddes Firm, as well                                                                                                                                  until early next year.”                                                                         intact and neither the Board of Re-
                                                      sent students, and that should not be defined by                                                                                                                           UMPD Lt. Chris Croft said UMPD em-
as the Graybill Law Firm, following majority ap-                                                                                                                                 But if either the board or the University                                                    gents or the University of Montana take
                                                      our ability to join a lawsuit or not,” he said.                                                                                                                         ploys 13 officers and football games are “all
proval by its student senate. This suit is separate
from the one brought by the Board of Regents                                                                                                              Send                move to take advantage of the exceptions
                                                                                                                                                                              as currently written, many decisions that
                                                                                                                                                                                                                              hands on deck.” Men’s basketball, the next
                                                                                                                                                                                                                              highest-attended sport, averaged just over
                                                                                                                                                                                                                                                                              advantage of these exceptions for con-
                                                                                                                                                                                                                                                                              cealed and open carry, firearms will legally
on May 27 that challenged the constitutionality                                                                                                                               would limit the open and concealed carry                                                        be allowed in every stadium and event that
                                                                                                                                                                                                                              4,000 people a game during the 2019-2020
of HB 102 and resulted in an indefinite hold on                                                                                                                               of firearms at campus sporting events                                                           doesn’t have controlled access and armed
                                                                                                                                                                                                                              season, according to NCAA attendance
the law June 7.                                                                                                                                                               are still up to the University of Montana                                                       security.
                                                                                                                                            MAKAYLA O’NEIL | MONTANA KAIMIN                                                   records. Croft said only one or two officers                                                    MCKENNA JOHNSON | MONTANA KAIMIN
    Durnell said last spring was “tense” after

18   Fall 2021 montanakaimin.com                                                                                                                                                                                                                                                                                                       montanakaimin.com Fall 2021 19
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