On Tuesday, February 13, 2024, new firearm violence prevention bills will become effective law. These laws signed by Governor Whitmer were sponsored bills in response to the two mass school shootings that occurred at Oxford High School in 2021 and Michigan State University in 2023.

The four laws that are going into effect include aspects of:

• Firearm storage
• Universal background checks
• Extreme risk protection orders (Red Flag Laws)
• Protection orders for domestic violence survivors

The new laws are extremely involved and complex, but it is important for everyone to have a basic understanding of the new firearm safety laws.

The law states that any firearm owner who has minor children in the home must lock their firearms. Minor is defined as an individual less than 18 years of age. Safe storage of the firearms requires that (a) the firearm be stored in a locked box or container or (b) the firearm be kept unloaded and locked with a locking device that is properly engaged to render the firearm inoperable by any individual other than the owner or an authorized user. Firearm owners must also safely store their firearms when minor children are visiting the home. If the firearm owner fails to properly and safely store their firearms and a minor child is found to have access to them, the firearm owner is subject to penalties. The penalties are dependent upon how badly the victim, or the minor child, is hurt.

*If a minor child is found to have a firearm in a public place or possesses it in front of another individual, the firearm owner is subject to a misdemeanor charge. This charge could include fines of up to $500 and/or up to 93 days in jail.

*If a minor child discharges the firearm and injures another individual or themselves, the firearm owner is subject to a felony charge which could include fines of up to $5,000 and/or up to 5 years in prison.

*If the minor child inflicts serious impairment on another individual or themselves, the firearm owner is subject to a felony charge which includes up to $7,500 in fines and/or up to 10 years in prison.

*If the minor child inflicts death on an individual or themselves after discharging the firearm, the firearm owner could face up to $10,000 in fines and/or up to 15 years in prison.

The cost of firearm safety devices will also be lowered for Michigan residents, to ensure firearm owners can afford to safely store their firearms and keep them away from children. In addition, red flag laws will go into effect which will allow people to petition a court for an Extreme Risk Protection Order which will give courts the power to determine if an individual poses a risk to injure themself or others by possessing a firearm. A court issued order could prevent the person from being able to possess or purchase a firearm. The signed bills also aim to prevent people who have been convicted of domestic violence from purchasing, owning, or transporting firearms for eight years after they were sentenced for domestic violence.

Governor Whitmer says that “The laws will work to prevent mass shootings, reduce firearm violence, and save lives.” This law is intended to keep minor children safe. Many local police departments are offering free cable locks to firearm owners to ensure these safety measures are enforced. If you have any questions regarding these new laws, please contact our firm.

Written by Monika K. Marku

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