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Sponsor argues HB 4‑33 would protect gun rights during pretrial periods; prosecutors and law‑enforcement groups warn of safety risks
Summary
Representative George Nicola Kakos said House Bill 4‑33 would protect the presumption of innocence by limiting when judges may order pretrial firearm removal, but county attorneys and law‑enforcement groups warned the proposal would increase risks to victims and officers.
Representative George Nicola Kakos opened the hearing on House Bill 4‑33 by framing the legislation as a question of due process and protection of Second Amendment rights for people accused but not convicted of crimes.
“Do we as Montanans believe the right to keep and bear arms is a conditional privilege, or do we believe it’s a fundamental right that should be afforded due process and the presumption of innocence?” he asked the committee.
Sponsor and proponents Gary Marbut, president of the Montana Shooting Sports Association, testified in favor and argued recent federal court decisions mean state law should respect due‑process protections before stripping firearms from an accused person. Tiffany Susan, a private citizen, described a…
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