(Bozeman MT) Concealed weapons: Roughly one of every 85 adults has one

[dZ]

Concealed weapons: Roughly one of every
85 adults in Gallatin County has permit to carry
http://news.mywebpal.com/news_tool_v...ID=110536&on=1
05/27/01
By KATHLEEN O'TOOLE Chronicle Staff Writer


One afternoon during a hike, Sean and his wife were confronted by a jumpy
young man armed with a rifle and screaming that they were trespassing on his
land.

Instantly Sean felt angry and powerless, a victim.

The man pointed his gun, demanding to know who they were and what they
were doing, warning there were things going on on his land that they didn't
have any business knowing about.

"He was twitchy and nervous enough that he could have escalated things and I
wouldn't have been able to do anything about it," said Sean, who asked that
his real name not be used in this story. "It was a classic victim set-up,"

Sean and his wife managed to calm down the rifleman and talk their way out of
the confrontation. But Sean believes it could have played out violently instead,
because he and his wife were so vulnerable that day.

Soon after, Sean got a permit in Gallatin County to carry a concealed weapon.

Forty nine years old, head of a local nonprofit social services agency, Sean
doesn't really fit the stereotype of those who seek permission to carry a
concealed pistol.

But on the list of 622 people who have such permits in Gallatin County, many
different kinds of people are represented -- carpenters, musicians, attorneys,
police officers, business owners, Ph.D.'s, even a clergyman.

Roughly one out of every 85 adults in the county have permits to carry
concealed firearms. Roughly 83 percent of them are men and 17 percent are
women.

In neighboring Park County, the ratio is higher: 263 permits, roughly 1 of every
45 adults.

And in rural Madison County, it's even higher: 181 permits, 1 of every 30
adults.

Gallatin County Sheriff Jim Cashell said that if he were to guess why the
percentage is higher in the more rural counties, "I'd say I think it's Montana."

In Montana, protecting yourself or your family with a concealed weapon "is a
necessary part of the culture, some may think," Cashell said.

The list of the people who have permits is public information. State laws protect
the right, while the county government disseminates the permits.

Still, numerous people on the Gallatin County list contacted for this story asked
not to be named. Some said they feared such information might prompt
someone to threaten them or challenge them to fight. Others said it would
make them an easy target for burglary of their weapons. Still others said it
would defeat the purpose of having a concealed weapon, where the element of
surprise is key.

Sean said there are many people who are "strongly anti-gun" and that common
knowledge of his having a permit would be misunderstood and could hurt his
organization's image.

The permit would also be a sore point with some friends who "fall on the other
side" of the issue of concealed guns, Sean said. "We don't talk about it."

One local politician, state Rep. Bob Davies, R-Bozeman, isn't so shy. Davies
has a permit, often carries a concealed pistol and isn't afraid if people know it.

Davies believes most permit holders are really afraid of the government having
all the guns.

"It's clear that there are those forces in our government that want to disarm
the people," he said. People with concealed firearms, he said, have good
reason to "have a low profile."

It's up to each county

The policies on carrying a concealed weapons in Montana vary from county to
county, but all cover a variety of weapons: guns like pistols and revolvers,
dirks, daggers, slingshots, sword canes, knuckles of any metal or hard
substance, knives with blades 4-inches or longer and razors, among others.

Montana's first law regarding concealed weapons permits was enacted around
1919, according to a booklet published by the Montana Shooting Sports
Association. Local judges carried out the law differently in each judicial district --
some granted almost no permits, some granted permits freely and some
required that each application be reviewed by local law enforcement authorities.

The Montana Constitution, adopted in 1972, has a section that "guaranteed
the right to keep and bear arms, but specifically excluded the carrying of
concealed weapons from this guaranteed right," according to the association.

As recently as the 1980s, Gallatin County Judge W.W. Lessley "was proud of
the fact that he never issued" a single permit, Davies said.

Also in Gallatin County around that time, then-Judge Thomas Olson issued a
rare permit to Duncan MacNab, MacNab said.

"I had mine (issued) when there were like 10 in the county," MacNab said.
"They were scarce and hard to get."

At the time MacNab was trading precious metals and did a lot of traveling alone
and at night. He put all his reasons in a letter and convinced Olson that he
needed the protection that a concealed weapon provides.

Today MacNab is the county coroner and he still renews his permit every four
years, although he said he doesn't carry a concealed gun that often -- usually
only when he's called out to a death scene at night or to any suspected
homicide. He also continues to travel often and likes to have the protection on
the road, when he never knows who he'll run into. Allowing people to carry
concealed weapons keeps the criminals guessing, he said.

"An armed society is a polite society," MacNab said.

Campaigns were mounted over the years to make it easier to get a permit in
Montana, and in 1991 a law was passed that made a fundamental change. The
language changed from the iffy "a district judge may issue" to a more definite
"a county sheriff shall ... issue." Today Montana is known as a "shall-issue"
state.

Davies was active in getting the law passed, although he wasn't in the
Legislature at the time. And he was one of the first to get a permit after it
passed.

Today Davies said he carries a concealed weapon "all the time." If he's wearing
a jacket, he'll likely wear a high-ride holster on his belt with a .357-caliber
Magnum; on warmer days, he may carry a small .22-caliber pistol in his pocket.

"I believe the ability to have a firearm gives you a right to protect yourself,"
Davies said. "The criminals never know who is armed."

As soon as the law changed, the number of permit holders in Gallatin County
skyrocketed from a handful to hundreds.

Not everyone considers that an advancement in personal rights.

Bozeman City Commissioner Steve Kirchhoff said he was alarmed at the sheer
number of people conceivably walking around with weapons concealed under
their clothing, although he notes that he hasn't heard of anyone legally
carrying a concealed weapon getting into trouble.

"We're lucky we live in a community where people comport themselves
reasonably, but at the same time it doesn't make me feel any safer," he said.
"There should be more proof of need. I long for the permits that had to go
through the hands of W.W. Lessley."

Any person who applies for a concealed weapons permit and meets the
requirements -- 18 years or older, U.S. citizen, holds a valid Montana driver's
license and a resident of the state for at least six months — shall be issued a
permit to carry a concealed weapon by the county sheriff within 60 days of the
request.

"Unless I find a reason not to, I've got to give them a permit," said Cashell.

State statutes spell out some exceptions and require the sheriff to do a
background check on each applicant.

Anyone who was convicted of a crime punishable by more than one year in
prison, regardless of the actual sentence, is ineligible. Also, anyone who was
convicted of a crime that included homicide, violence, bodily or serious bodily
harm, unlawful restraint, sexual abuse or sexual intercourse or contact
without consent cannot be issued a permit.

And there are other requirements, such as anyone deemed an unlawful user
of an intoxicating substance, mentally unstable or dishonorably discharged
from the U.S. military cannot hold a permit.

Only about 10 percent of permits requested in Gallatin County are denied,
Cashell said.

Prove yourself on firing line

Another condition for getting a concealed weapon permit, required by state
law, is the "ability to demonstrate familiarity with a firearm."

Some counties, like Madison, only require that the applicant pass an approved
hunter education or safety course or a firearms safety course, such as those
offered by Montana Department of Fish, Wildlife and Parks.

Gallatin and Park counties both require their applicants to pass a course
specifically designed for people who want to carry concealed weapons.

While a hunter's education course covers antler and scat identification, the
Gallatin County course covers use-of-force issues as well as penalties for
carrying a concealed weapon without a permit, in prohibited places or under
the influence of alcohol.

"The sheriff is not so concerned that you can take a gun apart and shoot it,"
said Terry Sutherland, one of six concealed weapons certification instructors
approved by Cashell's office. "He wants to know that you know where and
when and how you can use one."

A permit typically costs $50 plus $5 for fingerprinting, and the classes are an
added expense. They run six to eight hours and cost $85-$120, not including
the weapon and ammunition. Some instructors require applicants to fire as
few as 50 rounds, others require up to 200 rounds.

A lot of people inquire about the class and don't follow through because of the
hassle and expense, Sutherland said. Last Sunday, six people were scheduled
to take his class. One showed.

"It's definitely a rigid process," said Glenn Oakes, owner of seven Burger King
stores in Montana, including those in Bozeman and Belgrade. Oakes wants a
permit so he can carry protection when he makes bank deposits at the end of
the business day.

Oakes used to be a police officer in Florida, and he considers himself well
acquainted with firearms and the laws surrounding them, but he said he still
had to study during the course he took for Gallatin County.

"I was surprised. It was stuff I should have known," Oakes said.

But he agrees with the requirement. Both he and Sutherland say if people
aren't willing to make the effort to get the permit and be educated, they don't
deserve to carry a concealed weapon.

Permits don't equal weapons

Personal protection is the most common reason given when people fill out the
application that asks them to explain in detail why they want to carry a
concealed weapon. But that doesn't mean that everyone on the list is always
carrying, Cashell said.

"For the most part, these people are very well intentioned and don't abuse it,"
he said. "I think a lot of people are entitled to carry, but they never do."

Some people get the permits to shortcut the waiting period for buying guns.
People with permits don't have to undergo a background check when buying a
gun, since they've already undergone an extensive check to get the permit.

Police officers don't need a permit to carry a concealed gun, but some get the
permit so they don't have to wait when buying guns for personal use.

"More people are applying, but I think it's so they can be exempt from waiting
to buy a firearm," Cashell said. "They don't want to buy a gun in Billings and
then have to go back in two or three days to get it."

Many people who apply for permits say they want to carry a concealed gun for
personal protection while they are camping or fishing -- not realizing that that
is already allowed under Montana law without a permit, Cashell said.

State laws allow people to carry a concealed gun without a permit if they are
"lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking,
farming, ranching or other outdoor activity in which weapons are often carried
for recreation or protection."

But the same section of law only allows people to carry if they are outside the
boundaries of any city or town and not in a logging, mining or railroad camp.

"I wanted to make sure that I was in full compliance with all of Montana's
laws," Sean said, explaining why he got a permit even though he could legally
carry a gun while hiking without a permit. "It was easier for me to get a permit
than to wade through the laws" to know when and where he could carry.

Sean said he also wants to make a political statement.

"I wanted to show that I believe in (the right to carry a concealed weapon),
that it was necessary," he said.

He said he only occasionally carries a concealed gun, but "rights that aren't
exercised atrophy."

SIDEBAR:

By KATHLEEN O'TOOLE

Chronicle Staff Writer

The first shots fired at the range during Terry Sutherland's certification course
for a concealed weapons permit involve six shots at point-blank range.

Students reach out, touch the black silhouette poster of a person, put one
hand behind their back and start shooting with their other hand.

When the magazine is empty and the trigger clicks uselessly, the poster has
been obliterated and the plywood is full of ragged holes.

Sutherland wants his students to know the violence involved in shooting
someone. He also wants them to know that it is their responsibility to do
everything in their power never to let that scenario occur.

"If you can avoid a confrontation, it's better than the alternative," Sutherland
said. "But if there's no way to get out of it, I'll teach what you do next."

Sutherland is one of six instructors who teach a certification class required for
getting a concealed weapon permit in Gallatin County.

"People get the impression this is a safety course. But there's nothing safe
about protecting yourself," Sutherland said.

Montana law is ambiguous when it comes to use-of-force questions,
Sutherland explained.

A person is justified in using force when defending their home if "the entry is
made or attempted in a violent, riotous or tumultuous manner." But what if a
robber sneaks into a home quietly? Sutherland asks.

Sutherland is the first to admit he doesn't have all the answers. But he wants
his students to think about all the possibilities.

In order to be effective with a handgun, those who carry must practice. In
Sutherland's class, students are taught to shoot at armpit level, at the center
of mass of a threat, Sutherland said.

Sutherland's class also teaches what people can expect if they shoot another
person. There will always be a police investigation, press coverage and court
proceedings. Even if a person is legally determined to have shot in self
defense, the victim, or the victim's family, is likely to sue.

But the first step in self preservation is not putting oneself in danger,
Sutherland says. Awareness and avoidance are big keys.

If there's a situation that looks questionable, like using a secluded highway
rest stop where the only people around are two shady-looking guys in a
beat-up Ford, ask yourself one question.

"Do you really need to stop there?" Sutherland asked.

The answer is no. Walk away if you can, he said. Always walk away.