§ 49-1-210 — Right To Bear Arms Protected -- Remedies

49-1-210 . Right to bear arms protected -- remedies. (1) The state may not burden a person's right to bear arms unless the state proves that burdening the person's right to bear arms furthers a compelling state interest and is the least restrictive means to further that interest.
(2) A person whose right to bear arms has been burdened by the state, or is likely to be burdened by the state, in violation of subsection (1) may assert the violation or impending violation as a claim or defense against the state in a judicial proceeding. The person asserting the claim or defense may obtain appropriate relief, including but not limited to injunctive relief, declaratory relief, and compensatory damages.
(3) A person who prevails on a claim to enforce the person's rights under Article II, section 12, of the Montana constitution or 49-1-208 through 49-1-210 must be awarded reasonable attorney fees and costs.

Legislative History

En. Sec. 3, Ch. 523, L. 2023.