(TheIndependentStar.com) – Second Amendment rights have found one of their fiercest advocate in Montana State Rep. Braxton Mitchell, who is taking a bold stand with his remarkable House Bill 809.
The measure would explicitly ban local governments from adopting controversial “red flag” laws.
These laws represent a direct assault on constitutional rights as they allow authorities to seize firearms from citizens who have not committed any crime.
Mitchell, a Republican champion of gun rights, is leading the charge against the potential implementation of red flag laws in Montana communities.
His proposed legislation would preemptively block any locality from adopting these dangerous infringements on law-abiding citizens’ rights to bear arms.
Red flag laws, also known as Extreme Risk Protection Orders (ERPOs), allow courts to confiscate firearms from individuals deemed “dangerous” based merely on accusations, not criminal convictions.
This process sidesteps due process protections that Americans are guaranteed under the Constitution, turning “innocent until proven guilty” on its head.
Mitchell’s bill does not just prohibit the adoption of these unconstitutional measures; it packs a punch.
Local governments that defy the ban could face civil penalties of up to $10,000.
The legislation also specifically forbids local entities from accepting funding to implement such gun-grabbing schemes.
“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,” stated Mitchell.
While liberal advocacy groups like Everytown for Gun Safety claim that “a multistate study found that one suicide was averted for every 17 ERPOs issued,” this statistic fails to address the fundamental constitutional issues at stake.
Meanwhile, Liberty Park Press has exposed the reality behind these deceptive numbers, pointing out that red flag laws did not actually prevent harm in 16 out of 17 cases.
California’s experience further demonstrates the ineffectiveness of red flag laws.
Despite being the first state to implement such laws in 2014, California still led the nation in active shooter incidents in both 2021 and 2023.
This clear evidence undermines the left’s argument that these laws enhance public safety.
House Bill 809 specifically addresses how ERPOs violate both the Second Amendment of the U.S. Constitution and Montana’s own constitutional protections for the right to bear arms.
The legislation aligns with a broader national effort, including the Second Amendment Foundation’s “Capture the Flag” program, which is working to challenge red flag laws in multiple states.
Montana’s proposed ban stands as a crucial firewall against the left’s ongoing efforts to restrict gun rights nationwide.
As the battle for Second Amendment freedoms continues, Mitchell’s legislation represents the proactive defense of constitutional liberties that millions of Americans demand from their elected officials.
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