You Won’t Believe This Shocking 1895 Law Still Exists in MT

A summary of the key information is provided at the bottom of the article.

BUTTE, MT - In the annals of Montana's legal history lies a relic from a bygone era: an 1895 statute addressing the aftermath of fatal duels.

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While dueling has long vanished from modern practice, this antiquated law has remained on the books, a testament to the state's colorful past.

Today, Montana's legislature is (disappointingly, depending on who you ask) taking steps to retire this historical curiosity.

The 1895 Dueling Law: A Glimpse into the Past

Enacted in 1895, Montana's dueling law stipulates that the victor of a duel is responsible for supporting the family of the deceased opponent.

This provision reflects a time when personal honor was often defended at the barrel of a gun or the tip of a sword.

Despite the passage of time and the evolution of societal norms, the law has persisted in Montana's legal code.

House Bill 247: A Move Toward Modernization

Recognizing the obsolescence of the dueling statute, Representative Braxton Mitchell, a Republican from Columbia Falls, introduced House Bill 247 to repeal it.

The bill successfully passed the House with an 84-16 vote and is now under consideration in the Senate.

The Importance of Legal Housekeeping

While the dueling law may seem like a harmless anachronism, its presence in the legal code underscores the necessity of regular legislative review.

Outdated statutes can lead to confusion and may inadvertently suggest that obsolete practices are permissible. We were already polishing off our old percussion black-powder pistols before we got the news.

By repealing such laws, Montana aims to ensure that its legal framework remains relevant and clear.

Conclusion

The effort to repeal Montana's 1895 dueling law serves as a reminder of the state's rich history and the evolution of its legal system. As House Bill 247 progresses through the legislature, it symbolizes a commitment to modernizing the law while honoring the past. While duels have long been consigned to history books and Hollywood films, their legacy endures in the meticulous process of legislative refinement.

Summary:

Montana's legislature is working to repeal a quirky 1895 law requiring the winner of a fatal duel to financially support the family of the deceased. House Bill 247, led by Representative Braxton Mitchell, passed the House with an 84-16 vote and is now in the Senate. Lieutenant Governor Kristen Juras emphasized the need to remove outdated laws like this to prevent legal confusion. The effort reflects Montana's ongoing commitment to keeping its legal code modern and relevant, even as it retires relics of a bygone era.