Montana approves ban on local red flag guns laws

Gov. Greg Gianforte signed a bill into law Thursday prohibiting local governments from enacting red flag gun laws.

Red flag laws, or extreme risk protection orders, are executive orders or written orders or warrants issued by judges, magistrates, or other judicial officers with the primary purpose of reducing the risk of firearm-related death or injury by doing one or more of the following: 1) prohibiting a named individual from having under the individual’s custody or control, owning, possessing, or receiving a firearm; or 2) removing a firearm from or requiring the surrender of a firearm by a named individual.

The new law, based on HB 809, prohibits a local government from 1) enacting, adopting, or implementing a resolution, ordinance, rule, regulation, or policy that would have the effect of enforcing an extreme risk protection order against a resident of the state; or 2) accepting a grant or other source of funding for the purpose of aiding in the adoption, implementation, or enforcement of an extreme risk protection order. Any local government that violated the section would be subject to a civil penalty of up to $10,000 payable to the state general fund.

Gianforte’s signing of HB 809 was announced Thursday on X.

“Protecting our God-given freedoms and our way of life is not a question in Montana,” reads a statement posted to Gianforte’s X account.

The bill passed the Montana House of Representatives on March 7 by a vote of 55-44, with local representatives Caleb Hinkle (R-HD 68), Jedediah Hinkle (R-HD 67), and Jane Gillette (R-HD 77) voting in the majority.

The bill was approved April 14 in the Montana Senate by a 29-19 vote with Sen. Shelley Vance (SD 34), who represents Belgrade, voting in the majority. No Democrats voted for the bill. Two senators who ran as Republicans voted against the bill: Sen. Wendy McKamey (SD 12) and Sen. Russ Tempel (SD-14). Vance, McKamey, and Tempel were among nine senators who are no longer considered Republicans by the state party, per a resolution passed in early April by the MTGOP Executive Committee. The resolution explaining the party’s decision can be found at https://tinyurl.com/y2xpj5xw.

The bill is sponsored by Rep. Braxton Mitchell (R-HD 5), who represents an unincorporated area partially surrounding Columbia Falls that includes Coram, Martin City, Hungry Horse and Helena Flats.

Previous coverage of this bill can be found at https://tinyurl.com/4wmkfweh.