Van Der Hule v. Mukasey

¶1 The United States District Court for the District of Montana has certified the following question to this Court pursuant to M. R. App. P. 15:

Does § 45-8-321, MCA, prohibit a county sheriff from issuing a concealed weapon permit to a person described in subsection (l)(c) of the statute, or does a sheriff have discretion to issue a permit to a person falling within that category?

We accepted the certified question by order dated October 10, 2007. For the reasons set forth below, we conclude § 45-8-321, MCA, prohibits a county sheriff from issuing a concealed weapon permit to a person…