Missoula, MT – The Montana Legislature has passed a bill that prevents local governments from enacting Red Flag laws, also known as Extreme Risk Protection Orders (ERPOs), which allow law enforcement to temporarily remove firearms from individuals deemed a danger to themselves or others. House Bill 809, sponsored by Rep. Braxton Mitchell, R-Columbia Falls, was approved by the Montana Senate on Monday in a 29-19 vote. The bill is now headed to Governor Greg Gianforte’s desk for final approval.
Red Flag laws allow a judge to issue an order to temporarily confiscate firearms from individuals who exhibit warning signs of violence or self-harm. These orders are typically issued in situations where a person is considered to be at high risk of causing harm but has not yet committed an act of violence. Proponents of these laws argue that they help prevent tragedies such as suicides, domestic violence incidents, and mass shootings by providing a mechanism to intervene before a situation escalates.
However, opponents of the bill argue that such laws infringe upon Second Amendment rights, asserting that they could be abused and used to unjustly disarm individuals without due process. They believe that the right to bear arms is a fundamental constitutional right that should not be infringed upon, even in situations involving potential harm.
Montana does not currently have any Red Flag laws, and a previous effort to introduce similar legislation in 2023 was tabled in committee. With the passage of HB 809, the state has now taken a firm stance against these types of laws, with the bill preventing local governments from implementing them.
Supporters of HB 809 hailed the bill as a victory for gun rights in Montana, where gun ownership is an integral part of the state’s culture and identity. They argue that individuals who pose a threat to themselves or others should be dealt with through the criminal justice system, not through emergency measures that could potentially violate individual freedoms.
In contrast, opponents of HB 809 expressed concern that the state’s refusal to adopt Red Flag laws would prevent timely intervention in cases where individuals are clearly struggling with mental health issues or exhibiting violent behavior. They contend that without such laws, Montana risks missing the opportunity to intervene before tragedy strikes.
As the bill heads to Governor Gianforte, it remains to be seen whether he will sign it into law or veto it. His decision could have significant implications for the future of gun regulation and mental health crisis intervention in the state. For now, Montana remains one of the states that has rejected the idea of Red Flag laws, continuing to fuel the ongoing national debate about balancing Second Amendment rights with public safety concerns.
