Montana § 7-1-118 - Legislative Finding -- Extreme Risk Protection Order Prohibition

§ 7-1-118. Legislative Finding -- Extreme Risk Protection Order Prohibition

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 reducing the risk of firearm-related death or injury by doing one or more of the following: (i) prohibiting a named individual from having under the individual's custody or control, owning, possessing, or receiving a firearm; or (ii) removing a firearm from or requiring the surrender of a firearm by a named individual. (b) The term does not include an order of protection issued under Title 40, chapter 15.