Michigan’s state House committee recently examined a set of Republican-backed proposals aimed at overturning the state’s existing “red flag” law. This legislation, enacted during a period of Democratic control in response to escalating incidents of gun violence, allows for court orders that enable authorities to confiscate firearms from individuals deemed a threat to themselves or others.
The law, which permits temporary extreme risk protection orders, came into effect last year. It was crafted as a measure to curb mass shootings and other forms of gun-related violence.
Representative James DeSana (R-Carleton), who is one of the sponsors of the repeal bills, argues that the current law infringes on the rights of individuals who have neither been charged with nor convicted of any crimes. DeSana emphasized, “There is a better way to handle this than taking guns away from law-abiding citizens.”
In a similar vein, Representative Jay DeBoyer (R-Clay) believes the legislative focus should shift toward enhancing mental health services rather than firearm confiscation. He expressed concern that individuals are returned to society without receiving necessary treatment, stating, “Because instead of that individual getting treatment, proper diagnosis, care, they’re just turned right back into to society, and we feel better about ourselves because we’ve just taken their gun away. It makes no sense.”
On the other hand, Representative Kelly Breen (D-Novi) defended the red flag law, highlighting its emphasis on protecting due process. She noted that an appeals mechanism and a prompt hearing are integral to the law, adding, “I have reviewed multiple cases that have been filed under these laws, and I note that what we’re seeing here in Michigan is exactly what we’re seeing in other states, and that is the vast majority of people who have firearms confiscated do not attempt to get them back, as most of them are suicidal and they no longer have that temptation.”
Supporting the law’s retention, Kelly Dillaha from End Gun Violence-Michigan testified that the law fulfills its intended purpose. She remarked, “They want safety,” continuing, “They want prevention and they want lives saved – not regrets after the fact.”
While the committee has not yet voted on the proposed repeal, further discussions may occur in the coming year. However, given that Governor Gretchen Whitmer is a staunch advocate of the red flag law and the Senate remains under Democratic control, the law appears secure for the present.
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