ROYAL OAK (WWJ) – Gov. Gretchen Whitmer on Monday signed “red flag” legislation into law, aiming to keep firearms away from those at risk of harming themselves or others.
The new law -- also known as extreme risk protection orders -- is expected to go into effect next spring. It will allow family members, police, mental health professionals, roommates, and former dating partners to petition a judge to remove firearms from those they believe pose an imminent threat to themselves or others.
If the ERPO is granted, the judge would then have 14 days to set a hearing during which the flagged person would have to prove they do not pose a significant risk. A standard order would last one year.
As Michigan becomes the 21st state to implement a red flag law, Whitmer said at Monday’s signing in Royal Oak it’s a “proactive way to prevent mass shootings, suicides and other forms of gun violence.”
“These ERPOs will at long last allow law enforcement to have the tools that we need to do our jobs to prevent these senseless tragedies,” Michigan Attorney General Dana Nessel said Monday.
Whitmer was joined by gun violence survivors outside the 44th District Court building, including students from Oxford High School and Michigan State University, as well as former U.S. Rep. Gabby Giffords and other lawmakers.
Earlier this spring Whitmer signed two other packages of gun reform legislation, including laws for safe storage and universal background checks. Along with the red flag legislation, all three laws were introduced in the days following the mass shooting at MSU that claimed the lives of three students and left several others injured.
“All of these laws are supported by a majority of Michiganders. I think that’s important to say over and over again,” Whitmer said. “They’re also supported by a majority of gun owners. In this country and only in the USA guns are the No. 1 killer of our kids. We must take action and today I’m proud to say in Michigan we are.”
The recent gun reform, particularly the red flag legislation, has been met with opposition from some Michiganders, including sheriffs in multiple counties who have voiced concerns over the constitutionality of the law.
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