Tim Fox for Attorney General 2008
Protecting our Gun Rights
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I’m endorsed by the National Rifle Association and Montana’s largest gun rights advocacy group, the Montana Shooting Sports Association. I earned those endorsements due to my unwavering dedication to protecting our 2nd Amendment rights. I’m a recreational pistol and rifle shooter, an experienced hunter, and I also enjoy shooting trap. I believe strongly in passing on Montana’s outdoor heritage to the next generation. Unlike my opponent, I am 100% committed to protecting your right to keep and bear arms under the U.S. and Montana Constitutions.
The Montana attorney general has a tremendous amount of power when it comes to representing Montana’s views in federal litigation. This year, I called on our current Attorney General to file a brief that reflected Montana’s strong commitment to an individual, not collective, right to keep and bear arms. After some feet dragging, the current Attorney General complied with my request and filed a brief with the US Supreme Court in the extremely important Heller DC gun ban lawsuit, which was decided on the side of individual gun rights this summer. Unfortunately, the Attorney General’s participation in this important 2nd Amendment case came years too late, and only after pressure from concerned citizens across Montana.
If I’m elected attorney general, I’ll aggressively work to see that Montana’s views on federal gun rights issues are protected at every opportunity, and I’ll work with the legislature to make sure that our gun rights are not encroached upon in Montana.
As Attorney General, I will:
- Monitor nationwide litigation and get involved to protect Montanan's Constitutional rights and Montana’s other interests with amicus (friend of the court) briefs.
- Provide testimony at state and Federal legislative hearings on gun legislation.
- Comment on Federal government gun regulations like the recent National Park's gun rule revisions.
- Initiate litigation when appropriate to contest unconstitutional gun laws.
- Provide and participate in public education and public dialogue on gun rights issues, gun safety, etc.
- Assist law enforcement in enforcing existing gun laws.
- Assist in educating Montana municipalities, state universities and colleges, and other government entities as to what they can and can't do in restricting gun rights.
- Work with other states to ensure reciprocity in gun laws such as state concealed carry permit laws.
Positions on Gun Rights:
- I Believe the Second Amendment guarantees an individual right, not a collective right.
- I believe the solution to violent crime is the enforcement of existing laws that punish criminals who use firearms and other weapons in the commission of crimes, not restricting the ability of law-abiding citizens to own firearms.
- I oppose banning the lawful manufacture, private possession, ownership, purchase, sale and/or transfer of any firearm, including semi-automatic firearms.
- I oppose legislation that would require firearm owners to register any firearms for entry into a centralized state file or computer system.
- I oppose legislation that would require firearm owners to obtain a license to own and possess a firearm.
- I oppose legislation prohibiting the ownership and/or sale of any .50 caliber firearms or cartridges in Montana.
- I oppose legislation further restricting firearm sales by individuals at gun shows.
- I oppose legislation mandating ballistic “fingerprinting” of firearms before they can be sold in Montana.
- I oppose legislation requiring ammunition manufacturers to serialize or encode ammunition before it is sold in Montana.
- I support “Worker Protection” legislation that would allow law-abiding citizens to keep lawfully transported firearms locked in their personal vehicles while parked on publicly accessible, privately owned parking lots.
- I believe all law-abiding persons, including visitors, faculty, staff, and students should be allowed to carry a concealed handgun on state college and university campuses with a valid concealed handgun permit.
- I believe all law-abiding persons should be allowed to carry concealed handguns in national parks with a valid concealed handgun permit.
- I oppose legislation that would repeal Montana’s state preemption law that protects Montanan’s right to avoid inconsistent ordinances from city-to-city and county-to-county when it comes to gun laws.
- I support legislation allowing a person to meet force with force for self defense and protect family members regardless of their location and that specifies that a “duty to retreat” would no longer exist in any place a person may lawfully be, and a person justified in the use of force would be protected from criminal and civil liability.
- I believe hunting is a valuable wildlife management tool, a positive use of natural resources, and an American tradition that should be preserved.
- I support No-Net-Loss legislation in Montana that would ensure that there will never be fewer acres open to public hunting than exists today.