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Republicans table proposal for a red-flag law

by KATE HESTON
Daily Inter Lake | January 18, 2023 12:00 AM

Republicans tabled a bill late last week that would have allowed law enforcement to temporarily seize firearms from an individual deemed by a court as posing an extreme danger to themselves or others.

Sponsored by Ed Stafman, D-Bozeman, HB 202 was introduced Jan. 6, but tabled after its first reading in the House Judiciary Committee on Friday. The bill, which constitutes what is commonly known as a red-flag law, saw only supporters speak at the Jan. 13 meeting. Still, the proposed legislation quietly fell to the wayside after the 13-6 vote.

The bill would have let a relative, partner or local law enforcement pursue an extreme protection order against an individual in district court. Following a hearing, a judge could order the individual to surrender their firearms for up to a year.

Committee Vice Chair Brandon Ler, R-Savage, set the bill’s endgame into play by making the motion to table it, a non debatable move that required a vote.

“A committee member can bring a motion to table a bill at any point during discussion,” wrote Rep. Amy Regier, R-Kalispell, in an emailed statement. “The representative’s motion was in order and the committee voted. We will continue to follow our House rules.”

Regier serves as chair of the committee.

Still, Democrats are framing it as a power play by Republicans to avoid gun control discussions in the Legislature. In a recap video posted to the social media website TikTok, Rep. Zooey Zephyr, D-Missoula, accused Republicans of stalling the bill early even after hearing half a dozen emotional testimonials in favor of the bill and none from critics.

“If you cannot win an argument for a bill on its merits…” Zephyr said in the video, “Well, if you’re a Republican in Montana, you just shut the bill down without debate.”

Her fellow Democrats also expressed shock at the move. Rep. Laurie Bishop, D-Livingston, responded to the motion by referencing a handshake agreement in the Judiciary Committee that the group would not take executive action on bills with less than a 24 hour notice.

“Republicans will utilize procedural measures to avoid any discussion about topics they know they do not have the ability to debate on the merits,” Zephyr said.

Leading Democrats in the statehouse said they hoped the outcome would remain a one-off.

“I think Rep. Bishop handled that appropriately,” Minority Leader Kim Abbott said on Tuesday. “Our expectation is that that doesn’t happen again.”

Reporter Kate Heston can be reached at kheston@dailyinterlake.com or at 758-4459.