Whitmer signs red flag gun law

Gov. Gretchen Whitmer approved extreme risk protection orders to allow courts to seize guns from those who might hurt themselves or others.

“No Michigander should fear going to school, work, the grocery store, or their own home because of gun violence,” Whitmer said in a statement. “Extreme risk protection orders have been proven to reduce suicides, save lives, and keep guns out of the hands of domestic abusers and violent criminals.”

Whitmer signed Senate Bill 83 and House Bills 4146, 4147, and 4148.

SB 83 will allow a spouse or family member to request a circuit court enter an extreme risk protection order for an individual. If the court determines the individual poses a significant risk of personal injury to himself or herself or others by possessing a firearm, the extreme risk protection order would prohibit the restrained individual from possessing or purchasing a firearm, among other prohibitions, while the order is in effect.

“Protecting our children and communities from gun violence is a top priority,” House Speaker Joe Tate D-Detroit, said in a statement. “Extreme risk protection orders provide courts with a process to keep guns out of the hands of those intent on harming themselves or others. This is a commonsense policy that’s long overdue.”

HB 4146, sponsored by Rep. Kelly Breen, D-Novi, prohibits an individual who was subject to an extreme risk protection order from qualifying for a pistol license and a concealed pistol license.

“This Extreme Risk Protection Order package will save lives,” Breen said in a statement. “Between now and when these go into effect, it is critical to help law enforcement and the public know these measures are available to keep firearms out of the hands of people that pose an immediate threat to themselves or others, while still protecting the rights of responsible gun owners. It is my sincerest hope that these bills will help make our state a safer place and prevent senseless gun violence.”

HB 4147, sponsored by Rep. Julie Brixie, D-Okemos, amends the Revised Judicature Act to create specified exemptions when processing or filing a civil action for the Extreme Risk Protection Order Act.

HB 4148, sponsored by Rep. Stephanie A. Young, D-Detroit, amends the Code of Criminal Procedure to add the felonies proposed in Senate Bill 83 to the Code’s sentencing guidelines.

“The personal safety of Michiganders is not a partisan issue,” Young said in a statement. “We have a responsibility to strengthen our laws and potentially save lives, and these bills give us another set of necessary tools to temporarily separate firearms from people at risk of harming themselves or others. I am grateful the governor agrees and is signing the entire bill package into law.”

Republicans have opposed the bill, saying red flag laws will be abused by former relationship partners, and could result in violence when law enforcement comes to seize guns.

Great Lakes Gun rights oppose the law.

"Red Flag laws are gun confiscation without due process, pure and simple," the group said in a statement. "Gov. Whitmer’s “Red Flag” law will allow someone to shop for a liberal judge to file for a ERPO without the defendant being able to face his accuser and will only be notified about it when law enforcement shows up to take their legally-owned firearms without a crime even being committed.. The hearing comes after the fact. This is not due process but makes a mockery our judicial system while running roughshod over constitutional rights."

M. Salim Siddiqui, MD, president of the Michigan State Medical Society, welcomed the red flag law.

“The Michigan State Medical Society praises Governor Whitmer and our Michigan lawmakers for passing and enacting extreme risk protection orders, also known as red flag laws,” Siddiqui said in a statement. “Together with the other gun safety bills recently signed into law, these new measures are not only an important step in the right direction, but also, will significantly reduce gun violence here in Michigan.”