Michigan Governor Gretchen Whitmer signed a red flag gun law on May 22, 2203 “to provide for the issuance of restraining orders prohibiting certain individuals from possessing or purchasing firearms and ordering the surrender and seizure of a restrained individual’s firearms.” Some local law enforcement have indicated they will not enforce the law.
The red flag gun law allows any individuals specified in the bill to “file an action in the family division of the circuit court requesting the court to enter an extreme risk protection order.”
An extreme risk protection order bars the affected individual (respondent) from purchasing or possessing a firearm and from applying for a concealed carry permit. If the respondent holds a concealed carry permit, the order will suspend or revoke the permit. Any firearms the respondent possesses are seized under the order, either within 24 hours or, at the discretion of the court, immediately.
Individuals who can seek an order include the spouse or former spouse of the respondent, an individual who has a child with the respondent is dating or has dated the respondent, is a family member or guardian of the respondent, or cohabits with the respondent. The law defines a family member as a parent, son or daughter, sibling, grandparent, grandchild, uncle or aunt, or first cousin. A law enforcement officer or healthcare provider can also seek an order.
According to the Associated Press, local sheriffs have questioned the constitutionality of the law and signaled their refusal to enforce it, and “over than half of the state’s counties have adopted resolutions declaring themselves Second Amendment sanctuaries.”
Replying to the recalcitrant sheriffs, Michigan Attorney General Dana Nessel (D) promised to “find someone with jurisdiction who will enforce these orders.”
According to Brady, which works to address “America’s gun violence epidemic,” Michigan is one of 42 states with counties declaring themselves Second Amendment sanctuaries in “a coordinated effort supported by politically motivated, national groups.” Brady states Second Amendment sanctuaries have declared “they will refuse to enforce and dedicate tax-funded resources to the implementation of state gun safety measures.”
Any respondent violating an order is subject to arrest, contempt of court, “an automatic extension of the order, and criminal penalties, including imprisonment for up to 1 year for an initial violation and up to 5 years for a subsequent violation.”
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