A state House committee held a hearing Wednesday on Republican-sponsored bills to repeal Michigan’s “red flag” law, which allows authorities to use a court order to seize guns from people deemed a risk to themselves or others.
A law to allow temporary extreme risk protection orders was enacted last year when Democrats controlled the Legislature and in response to instances of mass shootings and other gun violence.
Representative James DaSana (R-Carleton), one of the sponsors of bills to reverse the “red flag” law, said they are to prevent the abuse of the rights of people who have not been charged with or convicted of crimes. He said the current law failsto address root causes of violence.
“There is a better way to handle this than taking guns away from law-abiding citizens,” he said.
Representative Jay DeBoyer (R-Clay) said the Legislature should be looking at improving mental health services instead of taking guns from people.
“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,” he said. “It makes no sense.”
Representative Kelly Breen (D-Novi) said the “red flag” law was crafted specifically to protect due process rights.
“And that is built into the law to include an appeals process and a swift hearing if somebody wishes to contest this,” she said. “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.”
Kelly Dillaha with End Gun Violence-Michigan testified the “red flag” law is working as intended and repealing it would be out of step with what the public wants.
“They want safety,” she said. “They want prevention and they want lives saved – not regrets after the fact.”
There was no committee vote on the bills and hearings may continue on the question in the new year. But even if the GOP-controlled House votes for repeal, Governor Gretchen Whitmer is a strong supporter of the law and the Senate is controlled by Democrats, so the “red flag” statute is probably safe for now.
