Residents split on sanctuary proposal

A group of Sanders County residents presented Sanders County Commissioners on Tuesday with a proposal asking that the county become a Second Amendment Sanctuary. Similar ordinances have been brought forth across the country. Montana does not have any pro-Second Amendment sanctuary cities or counties at this time.

Connie Foust of Plains presented the proposed ordinance to the commissioners. She stated she is part of a group that formed after the 2020 presidential election and started working on voter laws. Foust told the commissioners and the group of 32 residents at the meeting Tuesday that she found the ordinance and liked it, so decided to propose it in Sanders County.

Most of the residents in attendance Tuesday expressed support for the proposed ordinance, however Commissioner Glen Magera stated that they had received more than 35 written comments, most in opposition of such an ordinance.

In the ordinance language provided to commissioners, several court cases throughout history supporting the Second Amendment were cited. “Therefore, the right to keep and bear arms is a fundamental individual right that shall not be infringed; and all local, state, and federal acts, laws, orders, rules or regulations regarding firearms accessories and ammunition are a violation of the Second Amendment,” the ordinance states. “Local governments have the legal authority to refuse to cooperate with state and federal firearm laws that violate those rights and to proclaim a Second Amendment Sanctuary for law-abiding citizens in their towns, cities and counties.”

The ordinance details what they call “Unlawful Acts.” Those unlawful acts the ordinance outlines as including taxes or fees imposed on firearms and ammunition not common to other goods and services, any registration or tracking of firearms or owners, any act ordering the confiscation of firearms, accessories or ammunition. It also states as an unlawful act any prohibition, regulation, and/or use restriction related to ownership or the constitutionally guaranteed lawful use or carry of non-fully automatic firearms.

The ordinance asked that the county not use any funds or assets, or knowingly and willingly participate in any way, in the enforcement or investigation of “any Unlawful Act … regarding personal firearms, firearm accessories, or ammunition.” The proposed ordinance suggested a maximum fine of $1,000 for violation.

Rep. Jedediah Hinkle of Belgrade introduced a state bill this session to prohibit enforcing any federal firearms regulations. The bill was supported by local legislators Bob Brown and Paul Fielder. The state House of Representatives passed the bill in February and it is now being reviewed in the state Senate.

"I don't think there's anything wrong with us in the county saying this is who we are," said State Sen. Bob Brown, who expressed support for the ordinance but said he had not yet read it.

Magera noted that ordinances are more like laws, whereas a resolution is a statement. Those in attendance asked the commissioners what they were going to do. Foust said states such as Alaska and Wyoming have declared themselves Second Amendment Sanctuary states, as have counties within other states. Brown stated he would do research and get copies of similar resolutions. County Attorney Naomi Leisz said the language of the proposed ordinance was not clear.

"You all know where I stand on the Second Amendment and that's the hill that I die on," said Sanders County Sheriff Tom Rummel. "I'm too much of an American patriot to see that right walked upon.

"There's only one reason a government takes or attempts to take guns away, and that's to turn them into subjects," Rummel added.

The commissioners said they will wait to hear back from Sen. Brown before taking further action.