Sponsored by Rep. Braxton Mitchell (R), House Bill 809 aims to prevent local governments from enacting so-called “Red Flag” Gun Confiscation orders, or “Extreme Risk Protection Orders.”
Currently law of the land in 21 states and the District of Columbia, “Red Flag” laws allow police or government agents to confiscate lawfully-owned firearms based on a mere accusation and with no due process.
Bill sponsor Rep. Mitchell argues:
“The bottom line, you cannot strip Constitutional rights based on accusations alone. If someone is truly dangerous, they should be charged, tried, and convicted. Not disarmed through judicial tyranny.”
A proposal to enact a “Red Flag” law was brought forth in 2023 in Helena, but did not go anywhere.
Such laws are pre-crime laws which turn “innocent until proven guilty” on its head and violate Americans’ Fourth and Sixth Amendment rights.
House Bill 809 passed the Montana House Judiciary Committee on Tuesday, March 4th.
Read more at KTVQ.