Over the weekend, Governor Greg Gianforte of Montana signed HB 258 into law. The measure titled the “Montana Federal Firearm, Magazine, and Ammunition Ban Enforcement Prohibition Act” prohibits enforcement of new federal gun bans in the state.
It states that,
A peace officer, state employee, or employee of a political subdivision is prohibited from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of a federal ban on firearms, magazines, or ammunition and is also prohibited from participating in any federal enforcement action implementing a federal ban on firearms, magazines, or ammunition.
It also prohibits any expenditure of public funds or resources to enforce federal bans on firearms, magazines, or ammunition.
Related: Hanover Resident is Clueless About Gun Laws in New Hampshire and the Meaning of HB307
Today, I proudly signed Rep. Hinkle's law prohibiting federal overreach into our Second Amendment-protected rights, including any federal ban on firearms.
I will always protect our #2A right to keep and bear arms. pic.twitter.com/2xY8DeEtqf
— Governor Greg Gianforte (@GovGianforte) April 23, 2021
The bill does not prohibit interagency cooperation with federal authorities on any other investigation or enforcement. The bill specifically says this, but opponents can’t stop saying it will.
Elsewhere, Arizona passed something similar last month, and a 2A sanctuary bill is headed to that state’s governor for their signature.
In New Hampshire, I asked for something similar, and like-minded legislators were already on it, almost. SB154 would “prohibiting the state from enforcing a Presidential Executive Order that restricts or regulates the right of the people to keep and bear arms.”
That’s pandering to the right, and it’s not enough. It needs to be amended to be more in line with the Montana law though I’ve no idea presently if that’s planned or likely.
We do have other good gun law legislation in the legislative mill.
One example is HB307 (which we talked about here). It adds an enforcement mechanism (penalties) for violating the existing law prohibiting local boards or committees from adopting things like gun-free zones. They have no such authority, but there was no punishment for that behavior in statute, so they’ve been ignoring that restriction.
There are several other good gun bills, including legislation that removes a prohibition from carrying a firearm on a snowmobile or off-road vehicle.
But nothing like Montana’s law of which I’m aware.
We need one of those, and we need it while we have the majority and a governor who might actually sign it.
