LANSING (WWJ) – More gun legislation has moved forward in Lansing as a Michigan House committee on Wednesday approved several bills dealing with so-called red flag laws.
The set of four bills, which now go in front of the full House, would allow certain people to petition a court to take away someone’s guns they argue are a risk to themselves or others.
The legislation passed through committee on Wednesday underwent several changes from earlier versions that had been met with opposition.
One of the remaining concerns over the red flag legislation is that it may be used disproportionately in minority communities.
“These bills in and of themselves are equitable, but they could be inequitable if they are inserted into a broken system,” said Judiciary Committee Chair Kelly Breen. “I’m eager to work across the board with law enforcement, with communities of color in order to make sure the implementation process is as fair and equitable as possible.”
The bills would allow a judge to issue an extreme risk protection order to prevent someone from harming themselves or others. Under Wednesday’s changed legislation, those eligible to file for an ERPO includes family members, law enforcement officers, mental health professionals, guardians, physicians, someone who lives in the same home, a former spouse or someone who is in or had a dating relationship with the individual.
Other changes also include the standard of proof needed to take someone’s guns away. In the case that an emergency ERPO hearing is held or the respondent isn’t notified or present, there must be “clear and convincing” evidence the person is a threat, according to a story from the Detroit News.
Breen said lawmakers will “make sure that for the regular ERPO hearings, there will be notice and opportunity to be heard by the respondent.”
“Due process will be considered,” she said.
The red flag bills are the final facet of a three-part gun reform plan rolled out by Michigan Democrats in response to the mass shooting at Michigan State University that claimed the lives of three students and injured five others on Feb. 13.
The House and Senate have passed two packages of bills that include universal background checks and safe storage laws. Gov. Gretchen Whitmer is yet to sign either into law.
The legislation advanced to the floor the same day students at MSU walked out of class and held a march demanding change.
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