Big Sky Roundup

Board of Regents will file stay request in District Court after high court denies stay

By: - May 26, 2021 7:37 pm

Judges gavel illustration (Wikimedia Commons 2.0)

In a brief order Wednesday, the Montana Supreme Court dismissed the Montana Board of Regents’ request that it stay the implementation of House Bill 102, the campus carry bill.

“Having reviewed the Petition and its attached Appendix, this Court determines there is no need to order a summary response and no ‘urgency or emergency factors exist making litigation in the trial courts and the normal appeal process inadequate,'” the order said.

The high court said a stay may be obtained through District Court. Wednesday, the Commissioner’s Office confirmed the Regents would file the request in District Court and do so quickly.

The legislation that allows guns on campus will take effect June 1 for the Montana University System. The Montana Board of Regents had proposed policy changes in line with HB102, including certification requirements for carrying a firearm on campus, but that item was pulled from its recent agenda after the Regents filed the court challenge.

Wednesday, the Montana Supreme Court also dismissed a request it issue declaratory judgement on the alleged unconstitutionality of House Bills 349, 112 and 102, and Senate Bill 319, in separate case filed by the Montana Federation of Public Employees and other plaintiffs. The order said the Court would not enjoin House Bill 102 because the plaintiffs could ask the District Court to do so.

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