Montana Enacts HB 809 to Ban Red Flag Laws and Strengthen Gun Rights

Montana Enacts HB 809 to Ban Red Flag Laws and Strengthen Gun Rights

(LibertySociety.com) – Montana has taken a significant step by enacting HB 809, effectively banning red flag laws within the state and reinforcing its commitment to gun rights.

At a Glance

  • Governor Greg Gianforte signed HB 809, banning red flag laws in Montana.
  • The law prohibits cities from accepting grants supporting red flag initiatives.
  • Montana encourages gun manufacturers to relocate from states with stricter gun laws.
  • The state is a constitutional carry environment, safeguarding Second Amendment rights.

Montana Challenges Gun Control with New Legislation

Governor Greg Gianforte recently signed into law HB 809, a move that saw Montana decisively outlaw red flag laws across its cities and municipalities. The legislation not only bans these laws but also prevents local governments from accepting grants that would fund red flag initiatives. Such a measure underlines Montana’s commitment to strengthening gun rights and resisting measures perceived as infringing on Second Amendment protections.

The Montana Senate passed the bill with a vote of 29-19 on April 14th, demonstrating strong legislative support for this proposal. The essence of HB 809 is to prevent localities from enacting “red flag” laws or extreme risk protection orders (ERPOs), which are often criticized for allowing firearm seizures based on questionable evidence. Critics argue that red flag laws can suspend Second Amendment rights without a fair process.

A Haven for Gun Enthusiasts and Manufacturers

This legislative move comes as neighboring states, like Colorado, introduce more restrictive gun laws, including a semiautomatic weapon ban. Governor Gianforte has responded by inviting gun manufacturers to consider Montana as a base of operations, emphasizing the state’s favorable stance on firearm rights. He has boldly stated, “Colorado is ranked in the top 10 states with the biggest gun industries. So, to all gun manufacturers in Colorado, my question is simple: Do you want to move back to America? Montana is open for business.”

Montana upholds a constitutional carry policy, ensuring that it does not enforce any federal gun laws perceived to infringe upon firearms rights. This steadfast stance was further echoed by Gianforte, who maintained that the state “[prohibits] the enforcement of any federal law, executive order, rule, or regulation that infringes upon ownership, possession, transfer, or use of any firearm, magazine, or firearm accessory.”

“Red flag laws allow governments to seize firearms based on weak and nebulous standards of evidence and implement ex-parte hearings that would suspend an individual’s Second Amendment rights without due process.”

Support and Future Legislative Focus

The National Rifle Association (NRA) has backed this legislative success, extending thanks to figures like Representative Mitchell and all supporting legislators. The NRA continues to urge its members to actively engage with legislative processes to support Second Amendment rights. They plan to advocate for similar measures in future sessions, encouraging continued participation from gun rights supporters.

“NRA thanks lead sponsor Representative Mitchell, all legislators who supported this bill advanced through the legislature, and all NRA members and fellow Second Amendment advocates who engaged with their legislators in support of this bill.”

Montana stands as a beacon for preserving fundamental gun rights, contrasting with other states adopting stringent firearms regulations. In enacting HB 809, Montana sends a clear message: it remains firmly committed to being among the staunchest defenders of the Second Amendment.

​Copyright 2025, LibertySociety.com