14-02-2025
Nearly 300 gun confiscation orders were granted in Michigan's first year of 'red flag' laws
In the first year of Michigan's 'red flag' laws, courts approved nearly 300 requests for confiscation of guns from individuals who were believed to be a threat to themselves or others, the State Court Administrative Office found in a report this week.
On Feb. 13, 2024, one year after the deadly shooting on Michigan State University's campus where three students were killed, several gun safety measures went into effect including the Extreme Risk Protection Order, or ERPO, Act. Under this new law, Michigan joined twenty other states in permitting Michiganders to petition courts to issue extreme risk protection orders to order the removal of firearms from individuals.
A total of 391 ERPO requests were made, according to the report and 287 requests were approved. Denials were issued for 84 of the requests as the law requires petitioners to present a factual case showing imminent danger if the person is in possession of firearms.
Most of the requests for extreme risk protection orders were emergency requests that the temporary confiscations occur before holding a hearing where the respondent could make their case for keeping their weapons. In the 355 instances petitioners or law enforcement officers requested immediate action by the court, the report says several times the judge determined that there should be a hearing first before fulfilling an order for confiscation, allowing the respondent to make their case.
In eight instances where judges ordered confiscation before a hearing, the order was rescinded after the initial hearing.
At least 31 individuals who were restrained by an ERPO were charged with criminal offenses within 30 days of the entry of the order, totalling 74 criminal charges, with the most common offense being domestic violence.
The goal behind ERPOs is to prevent escalations of violence into tragedies by allowing loved ones or members of law enforcement to request courts to temporarily restrict individuals' access to firearms in a crisis, a news release from several gun safety groups said.
Everytown for Gun Safety Action, Moms Demand Action and Students Demand Action applauded the results from the state's report that also found that there were no instances of individuals filing false reports in order to be granted an ERPO, a criminal offense in Michigan.
'ERPOs are designed for severe crises and a small number of individuals who may not respond to other interventions. The goal isn't quantity – it's using this option effectively in the right circumstances,' the news release said. 'Though Extreme Risk laws have been proven effective in reducing rates of gun suicide and have prevented countless acts of gun violence across the country, these laws are most effective when they are thoughtfully drafted and implemented, and when there is widespread awareness of their existence.'
Republicans opposed legislation to allow for extreme risk protection orders and while new House Speaker Matt Hall (R-Richland Twp.) was recognizing the second anniversary of the MSU school shooting on Thursday he noted that data like the numbers in the report is important to learn how effective laws are, but he says more information is needed to ensure that ERPOs aren't violating people's right to due process in the judicial system.
'I have constitutional concerns about the lack of due process. That's why I voted against it. But also, I voted for the safe storage laws,' Hall said. 'There's some real heart wrenching stories that come across there of accidental shootings and things that happen as a result of guns not being stored properly… you hate to hear those cases, and you see that that law has been utilized as well.'
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