Montana's House Bill 809, introduced on April 15, 2025, aims to prohibit local governments from enacting or enforcing extreme risk protection orders (ERPOs), commonly known as red flag laws. This legislative move is rooted in the belief that such orders infringe upon the constitutional right to bear arms, as outlined in both the Second Amendment of the U.S. Constitution and Article II, Section 12 of the Montana Constitution.

The bill explicitly forbids local governments from adopting any resolutions, ordinances, or regulations that would enforce ERPOs against residents. Additionally, it restricts local entities from receiving any funding intended to support the implementation or enforcement of these orders. Violations of this law could result in civil penalties of up to $10,000 for local governments, with each enforcement attempt considered a separate offense.

Supporters of HB 809 argue that it protects individual rights and prevents potential overreach by local authorities. However, opponents express concern that the bill undermines public safety measures designed to prevent gun violence. The debate surrounding the bill has highlighted a broader national conversation about gun control and individual rights, with experts suggesting that the implications of this legislation could resonate beyond Montana, influencing similar discussions in other states.

As the bill progresses through the legislative process, its potential impact on community safety and local governance remains a focal point of contention. If passed, HB 809 could significantly alter how Montana addresses issues related to firearm-related risks, raising questions about the balance between individual rights and public safety. The outcome of this bill will likely set a precedent for future legislative actions concerning gun control in the state and possibly across the nation.