Criminal Justice (Firearms)

This bill prohibits Montana local governments from enacting or enforcing extreme risk protection orders, commonly known as red flag laws, which temporarily remove firearms from individuals deemed a risk to themselves or others. It also bars localities from accepting state or federal funds designated for implementing such orders and establishes a $10,000 civil penalty for violations. The legislation defines these orders as court directives aimed at reducing firearm-related risks by restricting firearm possession or requiring surrender of weapons, while explicitly excluding standard domestic violence restraining orders. Additionally, the bill amends state law to clarify that local governments cannot exercise powers affecting the right to keep or bear arms.

HB 493 establishes a new criminal offense for the purposeful and knowing possession, receipt, concealment, storage, sale, or disposal of a stolen firearm or stolen ammunition. Individuals convicted of possessing a stolen firearm may face imprisonment in state prison for up to 10 years. The bill also amends existing law to allow youths aged 16 or older accused of this new offense to be tried in adult court. Additionally, it includes possession of a stolen firearm or ammunition in the definition of offenses that can constitute a "pattern of criminal street gang activity."

This draft bill (LC 2907) aimed to increase criminal penalties for individuals convicted of stealing firearms. It would have directly affected people found guilty of firearm theft by imposing stricter sentencing requirements. The bill was assigned to a drafter in December 2024 but was placed on hold in January 2025 and ultimately died in the legislative process in May 2025 without becoming law.

HB 287 proposes to revise laws concerning dangerous drugs, primarily by introducing enhanced penalties. It establishes additional prison sentences for individuals who knowingly possess or use a firearm while committing offenses related to the criminal distribution or possession with intent to distribute dangerous drugs. The bill also sets specific, stricter penalties for the distribution or possession with intent to distribute fentanyl and similar substances, including mandatory minimum prison terms for certain quantities. Additionally, it clarifies that fines can be imposed alongside imprisonment for criminal distribution of dangerous drugs.