HB 258 – Montana Adds Itself to Growing List of States Against Federal 2A Overreach

Montana has added itself to the growing list of states passing legislation to prohibit Federal 2A overreach. HB 258 was signed into law by Governor Gianforte on Friday.

“Today, I proudly signed Rep. [Jedediah] 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.” Governor Greg Gianforte

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

Montana Bill HB 258, the “Montana Federal Firearm, Magazine, and Ammunition Ban Enforcement Prohibition Act”

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1. 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.

2. An employee of the state or a political subdivision may not expend public funds or allocate public
resources for the enforcement of a federal ban on firearms, magazines, or ammunition.

3. Nothing in this section may be construed to prohibit or otherwise limit a peace officer, state
employee, or employee of a political subdivision from cooperating, communicating, or collaborating with a
federal agency if the primary purpose is not: a) law enforcement activity related to a federal ban; or b) the investigation of a violation of a federal ban.

Critics of the new law believe that it will not allow local or state law enforcement to help the Federal agencies in investigations. Yet that particular complaint is moot, since the bill specifically states that as long as it’s not related to any federal ban on firearms, cooperation with federal agencies is fine. In short, if it’s not related to the 2nd Amendment, they can cooperate with federal agencies.