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Public urges ban on firearm discharge at Daniels County cemetery after Memorial Day incident
Summary
A public commenter described a Memorial Day incident in which a person reportedly fired a rifle from a pickup at the county cemetery and asked commissioners to adopt a resolution banning firearm discharge at public cemeteries; deputies and staff discussed legal limits under Montana law.
A cemetery visitor told Daniels County commissioners during public comment that a Memorial Day event was interrupted when a person in a pickup reportedly fired a rifle near the flagpole, prompting calls for a county rule or resolution to ban firearms at public cemeteries.
“By the time I turned around there was no more shooting but the rifle was still up poked out the window,” the commenter said, recounting the incident and that they subsequently called the sheriff. The commenter asked the board to reconsider a draft resolution that would make it unlawful to discharge firearms in county cemeteries, with narrowly drawn exceptions for peace officers, animal-control officers and military honors.
Deputies and county staff were reported to have researched Montana Code 45-8 (public nuisance) and told the commenter that the statute may not be applicable unless a “considerable number of persons” were endangered. That legal interpretation led the commenter to propose a local ordinance or resolution to address liability and public safety instead.
Board members and staff discussed non‑lethal alternatives (trapping, propane fumigation, non-toxic bait columns) and whether the cemetery board could adopt new rules. Commissioners encouraged the cemetery board to consider a multi-pronged approach — updated signage, time-of-day restrictions and alternative gopher-control techniques — and asked staff to reintroduce a short draft resolution at an upcoming meeting for formal consideration.
Why it matters: the incident raised safety and liability concerns in a public place with regular visitors, and commissioners said they want a clear local remedy if state statutes do not directly apply.
What’s next: the commenter said they will reintroduce a draft resolution and pursue action at the cemetery board and county level; county deputies indicated they would support enforcement if a local rule or resolution is adopted.
