Michigan's red flag gun law sees both fierce scrutiny and support as lawmakers push to repeal it
Republicans push to repeal Michigan red flag gun laws
Michigan House Republicans are working to repeal laws that allow a judge to temporarily remove guns from a person who is deemed to be a danger to themselves or others. Supporters of overturning the laws say that they may infringe on a person's right to due process.
LANSING, Mich. (FOX 2) - Michigan Republican lawmakers are currently pushing to overturn a law that allows judges to temporarily order the removal of guns from people deemed a danger to themselves or others.
The extreme risk protection order (ERPO) Act, also known as the red flag law, went into effect in February 2024, shortly after a shooting at Michigan State University that killed four students. It was part of a package of bills that also included expanded background checks and safe storage guidelines when children are present.
What the law says:
Under the law, certain people, including a spouse, former spouse, police officer, and mental health professional, can petition for a hearing to temporarily have guns seized from a person who poses a "significant risk of personal injury to himself or herself or others by possessing a firearm."
The petitioner needs to provide evidence proving the person may be dangerous if in possession of a gun, and a judge must consider numerous factors, such as evidence of mental illness, drug or alcohol use, criminal history, and history of force.
If the ERPO is approved, a law enforcement agency would be provided with a list of guns and ammo to be seized.
After an order is carried out, the individual that's the subject of the ERPO could file a motion to modify or rescind the order. They could then make their case at a hearing on the motion.
Anyone who refuses to comply with an ERPO would be subject to penalties that vary from jail time to paying fines. Someone who violates the law three or more times could face up to five years in prison and a fine of up to $20,000.
By the numbers:
According to the organization Everytown for Gun Safety, 391 ERPO complaints were filed in the first year that the law was in place. Of those, 84 were denied, but the rest were granted.
What they're saying:
Lawmakers behind the bill to overturn the ERPO law say such an order could lead to a person's guns being removed without due process, pointing to potential violations of the Second and 14th amendments.
They say that repealing the law would prevent overstepping by the state.
"I believe that the right to self-defense, to defend your life against a threat is absolute," said Rep. James DeSana (R-Carleton) while testifying in front of the House Judiciary Committee on Wednesday. "I think that our right to defend ourselves is absolute."
In addition to lawmakers, written testimony both for and against the repeal from Michigan residents was submitted.
Many of those letters came from gun rights activists, such as the executive director of Great Lakes Gun Rights, Brendan Boudreau, who called the red flag law an "outrageous abomination."
The other side:
Those against repealing red flag laws say that getting rid of ERPO would reduce the state's ability to react in a timely manner to high-risk situations.
One of those who submitted testimony includes Genesee County Sheriff Chirs Swanson, who wrote that "the ERPO Act provides law enforcement and families with a narrowly tailored, court-supervised option to intervene when credible warning signs indicate that an individual may pose a serious risk of harm to themselves or others."
Another person who spoke out against repealing the law includes Kelly Dillaha with Red, Wine & Blue.
"Gun violence and domestic violence is personal," she testified in front of the committee as she spoke about a time when her father threatened her mother with a gun and assaulted her in front of her. "If there had been something like an ERPO that existed then, could my family have been spared that life-altering night?"
What's next:
The measure to appeal the ERPO law is still making its way through the lawmaking process. Lawmakers did not vote on the bill Wednesday.
The Source: Testimony submitted and given in front of the House Judiciary Committee were used to write this report. A report from Everytown for Gun Safety was also referenced.