(DCWatchdog.com) – Mounting a massive fight to protect gun rights against leftist overreach, Montana Republican Representative Braxton Mitchell introduced critical legislation.
His House Bill 809 aims to ban red flag laws statewide, preventing the government from confiscating firearms without due process.
The battle highlights growing tensions between Second Amendment defenders and those pushing gun control through backdoor legislation.
Mitchell is leading the charge in Montana with a preemptive measure designed to block local governments’ attempts to implement red flag laws.
These controversial laws, also known as Extreme Risk Protection Orders (ERPOs), allow courts to confiscate firearms from individuals deemed a threat, even if they have not been convicted of any crime.
The proposed legislation takes a firm stand against what many Second Amendment supporters see as a direct assault on constitutional rights.
HB 809 explicitly states that red flag laws violate both the Second Amendment and Montana’s constitutional protections for gun ownership.
The bill would prohibit local governments from enacting or enforcing such orders and even prevents them from accepting funding for related programs.
Mitchell’s bill does not just make a statement—it has teeth. Any violation could result in civil penalties up to $10,000.
The fines create serious consequences for localities that might consider implementing these gun control measures.
This approach reflects growing frustration among conservatives who have watched red flag laws spread to numerous states despite constitutional concerns.
“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,” Mitchell stated.
Gun rights advocates point to troubling evidence that red flag laws may not deliver on their promises.
Liberty Park Press suggests these laws are largely ineffective, with 16 out of 17 cases failing to prevent harm.
Even more telling, California pioneered red flag laws in 2014. Still, the state led the nation in active shooter incidents in both 2021 and 2023, casting serious doubt on claims that these measures improve public safety.
Meanwhile, organizations like Everytown for Gun Safety continue pushing for the expansion of red flag laws across the country. They claim such measures save lives, particularly by preventing suicides.
The Montana Domestic and Sexual Violence Coalition has lined up against Mitchell’s bill, arguing that red flag laws benefit public safety. However, many Second Amendment supporters strongly dispute this claim.
The battle in Montana reflects a larger national conflict over gun rights. The Second Amendment Foundation has launched a program called “Capture the Flag” specifically targeting these laws in multiple states.
Their legal challenges highlight fundamental concerns about whether the government can strip citizens of their constitutional rights based merely on accusations rather than criminal convictions.
For Montana gun owners and Second Amendment supporters nationwide, Mitchell’s bill represents a critical firewall against government overreach.
While anti-gun activists continue claiming these measures are about safety, the evidence increasingly suggests red flag laws fail to deliver results while undermining fundamental constitutional protections.
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