While their neighbors to the south and west eviscerate the Second Amendment, Montana Governor Greg Gianforte is forging a different path, securing civil liberties with a law, signed on May 9, that enacts a statewide prohibition on red flag laws.
Legislative Bill 2325, also known as the Montana Second Amendment Preservation Act, prevents state and local officials from enforcing Extreme Risk Protection Orders (ERPOs) that could temporarily seize firearms from individuals deemed a risk without due process.
“Montana is sending a clear message: we trust our citizens to exercise their rights responsibly,” Gianforte said, during the signing of the bill. The law takes effect immediately.
The bill, introduced during the 2025 legislative session, passed both chambers of the Montana Legislature with strong Republican support. It explicitly bans any measures resembling red flag laws, which have been adopted in states like California, New Jersey, and New York.
“This is a victory for freedom and due process,” said a spokesperson for the National Rifle Association, which backed the bill.
The move was also an attempt to lure firearms manufacturers from Colorado, which passed the most comprehensive firearms ban in the nation in April. Speaking to those manufacturers, Gianforte said, “Colorado is ranked in the top 10 states with the biggest gun industries. So, to all gun manufacturers in Colorado, my question is simple: Do you want to move back to America? Montana is open for business.”
Other states are also aware of the value of gun manufacturers, both in terms of economic output and jobs. Tennessee recently passed legislation aimed at making the state a “Second Amendment Sanctuary”.
Meanwhile, just this week, Washington State upheld a ban on “high-capacity magazines” saying they are not protected arms under the Second Amendment.
States are drawing their lines in the sand, with conservative populations embracing the Second Amendment, and liberal states creating legal environments from which gun manufacturers are fleeing, resulting in a concentration of such businesses in states that most value civil liberties.
