Montana legislation · 2025 Regular Session
Montana HB809: Prohibit local governments from enacting red flag gun laws
Status: Signed into law, May 13, 2025
What the bill says
An act prohibiting local governments from enacting or enforcing an extreme risk protection order; prohibiting local governments from receiving funds related to extreme risk protection orders; and amending section 7-1-111, mca.
From the engrossed text:
AN ACT PROHIBITING LOCAL GOVERNMENTS FROM ENACTING OR ENFORCING AN EXTREME RISK PROTECTION ORDER; PROHIBITING LOCAL GOVERNMENTS FROM RECEIVING FUNDS RELATED TO EXTREME RISK PROTECTION ORDERS; AND AMENDING SECTION 7-1-111, MCA. Section 1. Legislative finding -- extreme risk protection order prohibition. (1) The legislature finds that extreme risk protection orders violate a person's right to bear arms under the second amendment of the United States constitution and under Article II, section 12, of the Montana constitution. (2) A local government may not: (a) enact, adopt, or implement 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 (b) accept a grant or other source of funding for the purpose of aiding in the adoption, implementation, or enforcement of an extreme risk protection order. (3) A local government that violates this section is subject to a civil penalty of up to $10,000, payable to the state general fund. Each instance of enforcement or attempted enforcement constitutes a separate offense. (4) (a) As used in this section, "extreme risk protection order" means a directive, also known as a red flag law, that is an executive order or a written order or warrant issued by a judge, magistrate, or other judicial officer, with the primary purpose of …
Sponsors
- Mitchell, Braxton (R, 5) · primary sponsor
- Manzella, Theresa (R, 44)
Latest actions
- : Chapter Number Assigned
- : (H) Signed by Governor
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
- : (H) Returned from Enrolling
- : (LC) Draft Delivered to Requester
- : (H) Sent to Enrolling
- : (S) 3rd Reading
- : (S) Scheduled for 3rd Reading
Votes
- Do Concur (April 14, 2025): 29 yea, 19 nay, passed
- Do Concur (April 12, 2025): 29 yea, 21 nay, passed
- Do Pass (March 7, 2025): 55 yea, 44 nay, passed
- Do Pass (March 6, 2025): 54 yea, 45 nay, passed
Subjects: Cities and Towns, Counties, Local Government, Guns and Weapons
Common questions
- What is HB809?
- HB809 is a bill in the Montana Legislature (2025 Regular Session): Prohibit local governments from enacting red flag gun laws.
- What does HB809 do?
- In its own words: An act prohibiting local governments from enacting or enforcing an extreme risk protection order; prohibiting local governments from receiving funds related to extreme risk protection orders; and amending section 7-1-111, mca.
- What is the status of HB809?
- Signed into law as of May 13, 2025. Latest action: Chapter Number Assigned (May 13, 2025).
- Who sponsored HB809?
- Mitchell, Braxton (R, 5), with 1 co-sponsor.
- Where is the official record for HB809?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC2325
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.