Montana Governor Signs Anti Red Flag Law
On May 8, 2025, Montana Governor Greg Gianforte signed House Bill 809 into law, effectively banning the implementation of red flag laws—also known as Extreme Risk Protection Orders (ERPOs)—at both state and local levels. This legislation prevents any Montana jurisdiction from enacting such laws or accepting federal funding to support them.
Just signed into law House Bill 809, banning local governments from enacting red flag laws.
Protecting our God-given freedoms and our way of life is not a question in Montana.
— Governor Greg Gianforte (@GovGianforte) May 8, 2025
Governor Gianforte emphasized the state’s commitment to safeguarding constitutional rights, stating, “Montana is sending a clear message: we trust our citizens to exercise their rights responsibly.” The bill’s sponsor, Representative Braxton Mitchell, argued that red flag laws infringe upon due process by allowing firearm seizures based on accusations without sufficient legal proceedings.
The National Rifle Association (NRA), a strong supporter of the bill, praised the enactment, asserting that red flag laws enable governments to confiscate firearms based on vague standards and ex-parte hearings, thereby suspending Second Amendment rights without due process.
Image Courtesy of Montana.gov
Conversely, opponents like Kelsen Young from the Montana Domestic and Sexual Violence Coalition contended that ERPOs can be vital tools in preventing suicide and domestic violence, and that local governments should retain the authority to implement such measures. Apparently, Mr Young doesn’t care too much about due process.
Montana joins a growing list of states, including Oklahoma, Tennessee, West Virginia, and Wyoming, that have enacted laws prohibiting red flag legislation, reflecting a broader national debate over gun rights and public safety.