This bill prohibits local governments in Montana from enacting or enforcing extreme risk protection orders (ERPOs), which are also known as red flag laws. It asserts that such orders violate the right to bear arms as guaranteed by both the U.S. Constitution and the Montana Constitution. Local governments are not allowed to adopt any resolutions, ordinances, or policies that would enforce ERPOs, nor can they accept funding for the purpose of implementing or enforcing these orders. Violations of this prohibition could result in civil penalties of up to $10,000 for each instance of enforcement or attempted enforcement.

Additionally, the bill amends Section 7-1-111 of the Montana Code Annotated to explicitly include a prohibition on any powers related to extreme risk protection orders. This amendment reinforces the overall intent of the bill to limit local government authority concerning firearm regulations and ensures that local entities cannot engage in actions that would undermine the rights of individuals to bear arms.

Statutes affected:
LC Text: 7-1-111
HB0809_1(1): 7-1-111
HB0809_1(2): 7-1-111
HB0809_1(3): 7-1-111
HB0809_1(4): 7-1-111
HB0809_1(5): 7-1-111
HB0809_1(6): 7-1-111
HB0809_1: 7-1-111
HB0809_X(1): 7-1-111
HB0809_X(2): 7-1-111
HB0809_X(3): 7-1-111
HB0809_X(4): 7-1-111
HB0809_X(5): 7-1-111
HB0809_X(6): 7-1-111
HB0809_X(7): 7-1-111
HB0809_X(8): 7-1-111
HB0809_X(9): 7-1-111
HB0809_X: 7-1-111