Complaint Filed Against Gary Marbut, President Montana Shooting Sports Association

Many of you probably are already familiar with Gary Marbut. Mr. Marbut, in his capacity as President of the Montana Shooting Sports Association is responsible for the promotion of several bills brought before the Montana Legislature over the course of the legislative season.

Perhaps the highest profile bill that recently wound its way through the Montana Congress and onto the desk of Gov. Brian Schweitzer, of which was signed into law, was HB246, the Montana-Made Gun Bill. This bill challenges the power of the federal government to impose gun restrictions on the citizens of the state of Montana. HB246 declares that any gun or gun product manufactured in Montana and remains in Montana cannot be regulated by the federal government.

Montana was the first state to enact such a bill and has since gone viral with other states enacting or proposing similar bills. Many of these bills are being recognized under the name of, “Firearms Freedom Acts“. They have gained in such popularity, that Marbut recently traveled to New York City to appear on the Glenn Beck Show to talk about HB246.

The complaint filed against Marbut comes from Jim Smith, a lobbyist for the Montana Sheriffs and Peace Officers Association (MSPOA). The complaint, lodged with the Commissioner of Political Practices, alleges that Marbut was being paid to lobby all or part of the Montana legislature on behalf of the MSSA and others, which would be a violation of Montana lobbying laws.

Marbut is not a registered and licensed lobbyist but neither is he paid for any of his lobbying. His position as President of MSSA, and he also sits on the Board of Directors, is strictly volunteer. His time spent promoting gun rights and related bills is his own. He is not employed by MSSA or any other groups he speaks for, according to Marbut.

Marbut has sent a letter to Mr. Dennis Unsworth, Commissioner of Political Practices, asking that the complaint be dropped.

Re: Complaint by Jim Smith

Dear Commissioner Unsworth,

I have reviewed the complaint filed by Jim Smith of the Montana Sheriffs and Peace Officers Association accusing me of illegally lobbying without being registered with your office.

Specifically excluded from the definition of a lobbyist is any individual who receives payments from one or more persons that total less than the amount specified under Mont. Code Ann. 5-7-112 in a calendar year. I received no payments for my activities on behalf of MSSA before the Montana Legislature. My time was donated. Thus, I am not a “lobbyist”, as that term is defined in the Montana Code.

I request the complaint be dismissed.

Sincerely,

Gary Marbut

Back at the end of April 2009, Marbut worked with MSSA and others to get passed HB228. HB228 is really kind of a modified “stand your ground” gun rights bill. This bill was opposed by the Montana Sheriffs and Peace Officers Association and the Montana County Attorneys Association. This leaves us wondering if this is some attempt by Smith to discredit or even harass Marbut. It certainly appears to at least be aimed at intimidation.

If Marbut is correct about his understanding of the Montana statutes governing lobbying and he has not received compensation for the work he has done, then Smith’s efforts are a waste of taxpayer money. Being a lobbyist himself, certainly he must know and understand the laws. If he has evidence to show otherwise that Marbut has been paid, then at some point that will have to be presented.

Stay tuned.

Tom Remington