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Judiciary hears HB 433, a bill aimed at limiting pretrial firearm removal; safety advocates warn of risks
Summary
Representative George Nicolo Kakos presented HB 433 to limit judges’ ability to order pretrial firearm removal in many nonviolent cases; gun-rights backers argued for due process after federal precedent while county attorneys, prosecutors, sheriffs and domestic‑violence advocates urged caution and sought additional carve‑outs and amendments.
Representative George Nicolo Kakos framed HB 433 around the question of whether the right to keep and bear arms is a conditional privilege or a fundamental right that requires heightened due process protections. He said boilerplate court orders removing firearms after nonviolent accusations can carry long-term federal consequences for Montanans.
Gary Marbut, president of the Montana Shooting Sports Association, supported the bill and invoked recent federal cases, saying "The Rahimi decision held that a person cannot be deprived of firearms…
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