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Montana legislation prohibits implementation of ‘red flag laws’


The Montana Legislature has passed a bill, HB 809, which prohibits local governments from implementing Red Flag laws that would allow for the temporary removal of firearms from individuals considered a danger to themselves or others. The bill, sponsored by Rep. Braxton Mitchell, has now been approved by the Senate and is awaiting the governor’s signature.

Red Flag laws, also known as extreme risk protection orders, are designed to prevent harm by allowing law enforcement to remove firearms from individuals deemed high risk by a judge. Opponents of HB 809 argue that Red Flag laws can help prevent suicides and domestic violence incidents, while supporters believe they infringe on Second Amendment rights.

Montana currently does not have any Red Flag laws in place. A 2023 bill that aimed to introduce such legislation was tabled in committee. The passage of HB 809 reinforces the state’s stance against implementing Red Flag laws, despite the potential benefits they may offer in preventing violent incidents. The decision to restrict local government’s authority in this matter has sparked debate among lawmakers and the public regarding the balance between public safety and individual rights.

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