Understanding Michigan’s New Red Flag Laws: A Guide for Responsible Gun Ownership

02/2024
Feb 06, 2024
🕒 3 mins

As a trusted partner in the firearms community, GY6 Arms is committed to keeping you informed about the latest laws that affect gun ownership in Michigan. Last year, our legislature introduced a series of red flag laws, a term that is pivotal for every gun owner to understand and navigate. These laws go into effect February 13th, 2024, and can have profound implications for both the safety of individuals and the rights of gun owners. In this article, we’ll explore what red flag laws are, the specifics of the new Michigan legislation, and the pros and cons associated with them.

What Are Red Flag Laws?

Red flag laws, formally known as Extreme Risk Protection Order (ERPO) laws, are measures designed to prevent individuals who are deemed to pose a significant risk to themselves or others from accessing firearms. Under these laws, family members, spouses, and in some cases, law enforcement officers, can petition a court to temporarily restrict an individual’s access to firearms if they believe the individual is a threat.

Michigan’s New Red Flag Laws:

The State of Michigan has passed several bills that put these protective measures into place. Under the Extreme Risk Protection Order Act, specified individuals can request the court to issue an ERPO if someone poses a significant risk of injury by possessing a firearm. This order can prevent the individual from owning or purchasing firearms for up to one year.

Specifically, MCL 691.1807 dictates that once an ERPO is issued, the respondent must surrender all firearms and their concealed pistol license (CPL). The court may require immediate surrender, or in some cases, provide a 24-hour window. The order also allows for the surrender of firearms to a licensed firearm dealer, but only if the dealer is approved by the court and within the correct jurisdiction.

MCL 691.1809 outlines the contents and enforcement of an ERPO. It prohibits the restrained individual from purchasing or possessing firearms and requires the surrender of their CPL, if they have one to the county clerk; or preventing them from applying for a CPL during the order’s duration. If the individual has a License to Purchase (LTP) a firearm that is not expired, it must also be surrendered to the law enforcement agency where the individual resides. The ERPO is effective immediately after issuance and is enforceable throughout Michigan.

Pros of Red Flag Laws:

  • Enhance public safety by proactively preventing potential acts of violence.
  • Provide a legal mechanism for concerned individuals to act upon warning signs of distress.
  • Can be a temporary measure with due process protections built in.

Cons of Red Flag Laws:

  • May raise concerns about due process for the restrained individuals.
  • The potential for misuse or false reporting by individuals who can request an ERPO.
  • Impact on Second Amendment rights, raising constitutional debates.

The new red flag laws in Michigan are a significant step toward addressing gun violence and suicide prevention, yet they also bring forth discussions on civil liberties and the balance between safety and constitutional rights. As responsible gun owners and dealers, it’s essential to understand these laws, comply with them, and consider their implications on our practices and our community.

At GY6 Arms, we not only provide you with the means to exercise your Second Amendment rights but also the knowledge to do so responsibly. We encourage you to stay informed and educated, and as always, we’re here to help you navigate these complex legal landscapes. Please continue to check back for new content, and don’t hesitate to contact us if you have questions! And while you’re here, if we can help you acquire a new firearm, we’re happy to do that too!

Sources: Bills: Senate Bill 83, House Bill 4146, House Bill 4147, House Bill 4148

Disclaimer: This article is for informational purposes only and should not be taken as legal advice. For detailed legal counsel, please consult with an attorney specialized in firearm laws.

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Jeremiah Megie

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