Montana HB 356: Establish firearms industry nondiscrimination

Bill Text

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68th Legislature 2023   HB 356 
 
 - 1 -  Authorized Print Version – HB 356  
 
 ENROLLED BILL
 
AN ACT REVISING LAWS RELATED TO FIREARMS; PROVIDING THAT A GOVERNMENTAL ENTITY MAY 
NOT CONTRACT WITH A COMPANY THAT HAS A POLICY THAT DISCRIMINATES AGAINST FIREARM 
ENTITIES OR FIREARM TRADE ASSOCIATIONS; REQUIRING WRITTEN VERIFICATION IN A CONTRACT 
WITH A GOVERNMENTAL ENTITY THAT A COMPANY DOES NOT DISCRIMINATE AGAINST FIREARM 
ENTITIES OR FIREARM TRADE ASSOCIATIONS; AND PROVIDING DEFINITIONS. 
 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 
 
Section 1. Financial industry nondiscrimination -- definitions. (1) The provisions of this section 
apply only to a contract that: 
(a) Is between a governmental entity and a company with at least 10 full-time employees; and 
(b) has a value of at least $100,000 that is paid wholly or partly from public funds of the 
governmental entity. 
(2) Except as provided in subsection (3), a governmental entity may not enter into a contract with a 
company for the purchase of goods or services unless the contract contains a written verification from the 
company that it: 
(a) does not have a practice, policy, guidance, or directive that discriminates against a firearm 
entity or firearm trade association; and 
(b) will not discriminate during the term of the contract against a firearm entity or firearm trade 
association. 
(3) The provisions of subsection (2) do not apply to a governmental entity that: 
(a) contracts with a sole-source provider; or 
(b) does not receive a bid from a company that is able to provide the written verification required 
by subsection (2). 

 
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68th Legislature 2023   HB 356 
 
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(4) The department of administration, the judicial branch, or a state agency, as defined in 2-2-102 
and in which the contract originated, has the authority and responsibility of reviewing state governmental 
contracts to confirm that the requirements of subsection (2) of this section have been satisfied. 
(5) As used in this section, the following definitions apply: 
(a) "Ammunition" means a loaded cartridge or shot shell, case, primer, projectile, wadding, or 
propellant powder. 
(b) (i) "Company" means a for-profit organization, association, corporation, partnership, joint 
venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned 
subsidiary, a majority-owned subsidiary, a parent company, or an affiliate of those entities or associations that 
exists to make a profit. 
(ii) The term does not include a sole proprietorship. 
(c) (i) "Contract" means a promise or set of promises constituting an agreement between the 
parties that gives each a legal duty to the other and the right to seek a remedy for the breach of those duties. 
(ii) This term does not include an agreement related to investment services. 
(d) (i) "Discriminate against a firearm entity or firearm trade association" means, with respect to the 
entity or association, to: 
(A) refuse to engage in the trade of any goods or services with the entity or association based 
solely on its status as a firearm entity or firearm trade association, which includes the lawful products and 
services provided by, and the lawful practices of, firearm entities and firearm trade associations; 
(B) refrain from continuing an existing business relationship with the entity or association based 
solely on its status as a firearm entity or firearm trade association, which includes the lawful products and 
services provided by, and the lawful practices of, firearm entities and firearm trade associations; or 
(C) terminate an existing business relationship with the entity or association based solely on its 
status as a firearm entity or firearm trade association, which includes the lawful products and services provided 
by, and the lawful practices of, firearm entities and firearm trade associations. 
(ii) The term does not include the policies of a vendor, merchant, retail seller, or platform that 
restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories. 
(iii) The term also does not include a company's refusal to engage in the trade of any goods or 

 
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68th Legislature 2023   HB 356 
 
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services, decision to refrain from continuing an existing business relationship, or decision to terminate an 
existing business relationship to comply with federal, state, or local laws, policies, or regulations or a directive 
by a regulatory agency, or for any traditional business reason that is specific to the customer or potential 
customer and not based solely on the status of an entity or association as a firearm entity or firearm trade 
association, which includes the lawful products and services provided by, and the lawful practices of, firearm 
entities and firearm trade associations. 
(e) "Firearm"