The Montana Legislature has passed legislation preventing local governments from enacting laws to remove firearms from people who are considered a danger to themselves or others, also known as Red Flag laws.
House Bill 809 from Rep. Braxton Mitchell, R-Columbia Falls, passed third reading in the Montana Senate on Monday, 29 to 19. HB 809 is now headed to the governor’s desk.
Red Flag Laws allow for extreme risk protection orders to be issued, which are intended for law enforcement to temporarily remove firearms from a person if a judge decides there is a high risk of harm.
Opponents of the bill said Red Flag Laws can help prevent suicides and violence in domestic situations.
Supporters of HB 809 say red flag laws are a violation of a person’s Second Amendment rights.
Montana does not currently have any red flag laws. A 2023 Montana bill aimed to create a Red Flag law in the state, but that bill was tabled in committee.
