Bill > HB809

This bill prohibits local governments in Montana from enacting, adopting, implementing, or enforcing "extreme risk protection orders" (also known as "red flag laws"), which are legal directives typically used to temporarily remove firearms from individuals deemed to pose a potential risk to themselves or others. The legislation explicitly states that such orders violate constitutional rights to bear arms under both the U.S. and Montana constitutions. Under this bill, local governments are prohibited from creating policies related to extreme risk protection orders and are barred from accepting any grants or funding intended to support such orders. If a local government violates these provisions, it would be subject to a civil penalty of up to $10,000 per offense, payable to the state's general fund. The bill defines an extreme risk protection order as a judicial or executive directive aimed at preventing firearm-related injuries or deaths by either prohibiting an individual from possessing firearms or requiring the surrender of existing firearms. Notably, the bill explicitly excludes traditional orders of protection issued under domestic violence statutes from this prohibition. The legislation also amends existing state law to formally codify these restrictions on local government powers, effectively preventing municipalities or counties from creating their own red flag laws.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC2325