HB439 would require federal law-enforcement officers to notify and obtain permission from county sheriffs before conducting arrests, searches, or seizures within Montana, with certain exceptions for emergencies or federal enclaves.
The Montana State House of Representatives rejected HB439 on February 21, 2025 by a vote of 44 to 56. We have assigned pluses to the ayes because upholding the authority of local law enforcement is a basic premise of self-government under the American form of government. The 10th Amendment makes clear that any power not delegated to the federal government, nor prohibited to the states by the Constitution, is "reserved to the States respectively, or to the people." By requiring federal officers to coordinate with county sheriffs, HB439 would have reinforced local accountability, protected citizens from federal overreach, and helped ensure that law enforcement remains answerable to the communities it serves rather than distant federal authorities.
