LANSING (WWJ) – So-called “red flag laws" are now one step closer to becoming a reality in Michigan after the state Senate on Wednesday officially passed Extreme Risk Protection Order legislation.
The passing of the legislation comes one week after the Michigan House of Representatives did the same. It now heads to the desk of Gov. Gretchen Whitmer, who is expected to sign it into law.
Under the proposed law, certain people – including family members, law enforcement and health providers – would be able to petition a court to temporarily take guns away from people they believe pose a threat of danger to themselves or others.
A judge would then be able to issue an order to remove guns if it “determines by the preponderance of the evidence" that the person "can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure" themselves by continuing to possess a firearm "and has engaged in an act or acts or made significant threats that are substantially supportive of the expectation."
Those championing the law include students of Oxford High School and Michigan State University – where mass shootings claimed the lives of students – and Attorney General Dana Nessel.
Opponents of the red flag legislation say it’s the wrong move. Bill Kucyk, owner of Action Impact gun stores in Eastpointe and Southfield, told WWJ “the public’s not gonna understand how it works.”
“Furthermore, you’re going to be denying people of their legal and constitutional rights with a very, very low burden of proof,” Kucyk said.
The group Michigan Open Carry says the legislature violated the Open Meetings Act and they plan to file a lawsuit.
The red flag laws are the third part of Michigan Democrats’ gun reform plan to reach Whitmer’s desk, just two months after the mass shooting at Michigan State University that claimed the lives of three students and injured five others on Feb. 13.
Last week Whitmer signed into law two sets of bills that include universal background checks and safe storage laws.
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