The president of Montana Shooting Sports Association, Gary Marbut, sent out an e-mail recently explaining his organization’s decision to intervene in a recent lawsuit concerning the campus carry portion of HB 102.
MSSA filed a Motion to Intervene in the Helena District Court lawsuit of Regents v. Montana, in which the Montana Board of Regents seeks to block the campus carry feature of HB 102. If MSSA’s Motion is granted, MSSA will become a co-defendant in the lawsuit, along with the State of Montana.
The State of Montana does not object to MSSA’s Motion, but Plaintiff, the Board of Regents (BoR) does object. They don’t want MSSA involved in this lawsuit, probably because we will make arguments difficult for them to counter.
When the Regents filed their lawsuit in District Court, they asked for an immediate Temporary Restraining Order to block all features of HB 102 that apply to university campuses in Montana. Judge Michael McMahon gave the Regents their requested TRO on the same day they filed their suit.
There is a “show cause” hearing on this TRO scheduled for June 7th. In that hearing, the Regents will argue that the TRO should become a permanent injunction against HB 102 until the alleged constitutional issues can be resolved in court. In their pitch for a permanent injunction, the Regents (well, lawyers representing them) will likely make two arguments:
1) that there simply is not enough time by the deadline of June 1 specified in HB 102 for them to implement HB 102; and
2) that if campus carry is allowed, all sorts of mayhem will occur.
Marbut’s Full Letter Can Be Read by Clicking Here
At the crux of the matter, there seem to be two main reasons that the Montana Board of Regents filed their recent lawsuit. First, the overwhelming majority of the current board (7 out of 8) were appointed by former Governor Steve Bullock and they probably genuinely hate guns. Second, the Montana Board of Regents does not want to relinquish 1 iota of power to anyone.
Marbut joined Jim White of Montana Gazette Radio recently to discuss campus carry and much more. The first short video covers the lawsuit and the second video is the full interview with Marbut,