25th May 2023

Governor Whitmer Signs New “Red Flag” Laws
cloudy sky with a red flag stating Michigan red flag laws
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On Monday, Governor Whitmer signed a new bill into law regarding “Red Flag” Gun Laws. Michigan is the 21st state to implement this type of law which are also sometimes referred to as extreme risk protection orders. The stated purpose of this legislation is to protect a person in crisis from hurting or harming others or themselves by temporarily removing guns and prohibiting their purchase.

Red Flag laws are enforced differently in each state, but in order for them to be enforced, a court would need to be involved. The following steps are required in the State of Michigan:

  • If family members, mental health professionals, law enforcement, among others believe an individual poses a threat to themselves or other people, they have the right to petition the court to have the weapons temporarily removed.
  • After the judge receives the evidence regarding the individual that poses the threat, he or she has 24 hours to decide on a protection order.
  • If the order is granted, the judge will have 14 days to set a hearing. A hearing will be held to review the evidence on whether or not there needs to be a temporary removal of a firearm from the individual in question.
  • The individual in question and the individual behind the petition will be permitted to present their sides in court. If the court keeps the removal order in place, the typical order will last one year.

If it is discovered that an individual lied to the court when filing a petition, it could result in a misdemeanor charge. In that case, the individual could find themselves punished with a $500 fine and up to 93 days in jail.

In September of 2021, an Associated press analysis discovered that, since 2020, the 19 states with Red Flag laws had firearms removed from individuals 15,049 times.

The supporters of Michigan’s new Red Flag laws believe that adding this to other gun safety measures will help reduce gun violence in Michigan in the wake of the Oxford School shooting as well as the shooting at Michigan State University.

The Red Flag laws will go into effect in the Spring of 2024.

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