Public commenter urges ban on firearm discharge at county cemetery after Memorial Day incident

During public comment at the July 15 meeting, a resident (identified in the minutes as John) described an incident at the public cemetery on Memorial Day in which a person in a pickup truck fired a rifle from the vehicle while people were standing near the flag pole for a ceremony. The commenter said he called the sheriff because the act felt unsafe and asked the county to consider adopting a rule or resolution prohibiting the discharge of firearms on county cemetery grounds.

John said deputies responded and that he asked for a formal report; the deputy later told him he would prepare notes and consider whether Montana Code (45‑8, public nuisance) could be applied in similar circumstances. The deputy and county legal staff advised that the public nuisance statute would likely apply only if a considerable number of people were endangered, and that a funeral service or other mass gathering might meet that threshold. The commenter asked the county and the cemetery board to consider a local rule mirroring brief prohibitions used in other jurisdictions that would make discharge unlawful except for exemptions (peace officers, military honor guards, animal control where applicable).

Commissioners said they would relay the concern to the cemetery board and suggested the commenter bring the draft resolution to the board’s next meeting; the public record shows the cemetery board had previously considered the matter and had not adopted a ban. The board did not enact an ordinance during this meeting but the commenter said he intended to reintroduce a proposed resolution to address safety and liability concerns at the cemetery.