What the New ‘Red Flag’ Law Means for Montanans

BUTTE, MT - On May 8th, 2025, Montana Governor Greg Gianforte signed into law House Bill 809 (HB 809), a measure that prohibits local governments within the state from enacting or enforcing red flag gun laws—formally known as extreme risk protection orders (ERPOs).

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Red flag laws allow courts to temporarily restrict an individual's access to firearms if they are deemed to pose a danger to themselves or others.

These laws are typically initiated by family members or law enforcement officials and require judicial approval.

What the Law Does

HB 809 directly bars Montana’s cities and counties from creating or enforcing any policy that enables or assists in the enforcement of ERPOs.

Specifically, the law:

• Prohibits local governments from adopting ordinances, resolutions, or rules that would allow enforcement of an extreme risk protection order against any Montana resident.

• Forbids local entities from accepting grants or other funding intended to support the adoption or enforcement of such laws.

• Imposes a civil penalty of up to $10,000 on local governments that violate the statute. Collected penalties will be directed to the state’s general fund.

The law was introduced by Rep. Braxton Mitchell (R-HD 5), who represents rural areas around Columbia Falls.

Supporters of the bill argue that it protects Montanans’ Second Amendment rights and maintains a consistent statewide approach to gun legislation.

Gov. Gianforte echoed this sentiment in a statement posted to X, saying, “Protecting our God-given freedoms and our way of life is not a question in Montana.”

Legislative Journey and Political Lines

HB 809 passed largely along party lines. The Montana House of Representatives approved the bill on March 7 in a 55–44 vote. The state Senate followed suit on April 14, passing it 29–19.

No Democrats voted in favor of the bill. Two Republican senators, Wendy McKamey (SD 12) and Russ Tempel (SD 14), also voted against it.

Local representatives who voted for the bill include Caleb Hinkle (R-HD 68), Jedediah Hinkle (R-HD 67), and Jane Gillette (R-HD 77). Sen. Shelley Vance (SD 34), who represents Belgrade, also voted in the majority.

Context and National Debate

Montana’s new law arrives amid growing national debate around red flag laws, which have been implemented in 21 states and the District of Columbia.

Proponents of ERPOs say they are effective tools for preventing mass shootings and suicides, while critics argue they infringe on constitutional rights and due process.

With the passage of HB 809, Montana joins a minority of states that have either resisted or reversed efforts to adopt such legislation, continuing a trend of strong pro-Second Amendment policymaking in the state.

The law takes effect immediately.