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Montana lawmakers hear brief, uncontested push to repeal 1895 dueling provision
Summary
Sponsor Braxton Mitchell and administration witnesses told the House Judiciary Committee HB 247 is a code-cleanup bill to remove an outdated 1895 statute allowing damages claims from duels; proponents said the law is antiquated and potentially misleading, and no opponents appeared.
House Bill 247, a largely uncontested measure to remove an antiquated provision of Montana law dating to 1895, drew brief testimony and no opposition at a hearing before the House Judiciary Committee.
Sponsor Representative Braxton Mitchell told the committee HB 247 ‘‘aims to eliminate the ability to claim damages for injuries or death arising from a duel in Montana’’ and described the repeal as routine code cleanup to modernize state law. Lieutenant Governor Kristan Juras, speaking on behalf of the governor’s office, said agencies and the governor’s office periodically review statutes to identify ‘‘outdated, unnecessary statutes’’ and urged the committee to support the measure. Dan Stusek of the Montana Defense Trial Lawyers also supported the bill.
Proponents framed the measure as corrective language that removes any implication that dueling is legally sanctioned. No opponents or informational witnesses signed up, and committee members did not press the sponsor with substantive questions. The committee concluded the hearing on HB 247 without taking further action.
The committee will consider the bill in executive session at a later date as part of its schedule of upcoming items.
