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Montana bill would add 2–10 year gun sentence for firearms used in drug trafficking

House Judiciary · January 30, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Sponsor Rep. Denise Baum said HB 287 would let prosecutors seek a penalty enhancer when a firearm is knowingly possessed or used during felony drug trafficking; law-enforcement witnesses urged a local tool while an opponent warned of constitutional risk. No vote was taken today.

Representative Denise Baum introduced House Bill 287, saying it would allow prosecutors to seek a sentencing enhancement when a person "knowingly possesses or uses a firearm" while committing felony drug-trafficking offenses such as criminal distribution or criminal possession with intent to distribute dangerous drugs. Baum said the measure targets armed drug dealers, not people with addictions, and described the statutory process for filing a notice under the enhancement statute and the separate fact-finding the court or jury must make.

Supporters framed the bill as a public-safety tool. Ed Zink, chief of criminal litigation for the Yellowstone County Attorney's Office, described local drug- and gun-related enforcement experience and said many cases with firearms are routed to federal prosecutors, which can delay state…

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