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Committee hears HB 809 to bar local governments from adopting red‑flag orders
Summary
Representative Braxton Mitchell said HB 809 would prevent local governments from adopting extreme risk protection orders (ERPOs or 'red‑flag' laws); proponents warned of due‑process threats, while opponents — including domestic‑violence and gun‑safety advocates — said ERPOs save lives and protect survivors.
House Bill 809 would prohibit local governments from adopting, implementing, enforcing or accepting federal funds to operate extreme risk protection order programs commonly referred to as red‑flag laws. Representative Braxton Mitchell framed the bill as a protection of due process and Second Amendment rights; proponents included gun‑rights advocates who described personal and hypothetical scenarios where they feared a red‑flag order could be used improperly.
Opponents — including the Montana Coalition Against Domestic and Sexual Violence, Moms Demand Action and other groups — urged a no vote, saying red‑flag laws are a common‑sense public‑safety option used in many states to prevent suicide and domestic homicide and protect survivors. The opponents cited evidence and statewide organizations that use ERPOs to intervene in high‑risk situations.
Committee members asked the sponsor whether the language was broad enough to address different red‑flag models and whether the bill would protect citizens from federal actions; the sponsor said the intent is to prevent local adoption of ERPO programs and noted examples from other states.
The hearing closed without a committee vote.
