{"data":{"id":"us-mt/7-1-118","jurisdiction":"us-mt","citation":"7-1-118","heading":"Legislative finding -- extreme risk protection order prohibition.","body":"(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.\n(2) A local government may not:\n(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\n(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.\n(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.\n(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:\n(i) prohibiting a named individual from having under the individual's custody or control, owning, possessing, or receiving a firearm; or\n(ii) removing a firearm from or requiring the surrender of a firearm by a named individual.\n(b) The term does not include an order of protection issued under Title 40, chapter 15.","path":["TITLE 7. LOCAL GOVERNMENT","CHAPTER 1. GENERAL PROVISIONS","Part 1. Nature of Self-GoverningLocal Governments and Local Government Prohibitions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0070/chapter_0010/part_0010/section_0180/0070-0010-0010-0180.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:44:06Z","sha256":"f503952fb7b3c45a1ab5271b4c8fec8863904021c6c08b8d88001f5f8cab8ea4","source_id":"us-mt","stale":false,"prev":"us-mt/7-1-117","next":"us-mt/7-1-119"},"notice":"GroundRules: Original legal text. Not legal advice."}