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

Montana Statutes

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

Montana·Title 7 LOCAL GOVERNMENT·Ch. 1 GENERAL PROVISIONS·Part 1 Nature of Self-GoverningLocal Governments and Local Government Prohibitions

7-1-118 . 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

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7-1-118 . 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.

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