(LANSING) - Michigan House Republicans are pushing to repeal the state's red flag gun law, calling it a violation of due process and gun rights. The bill, introduced by Republican Representative Jim DeSana, would eliminate Michigan's extreme risk protection order law. The statute allows courts to temporarily remove firearms from people deemed a danger to themselves or others. The proposal has support from two dozen Republican lawmakers and was debated this week in the House Judiciary Committee. The law took effect in early 2024 as part of a gun safety package signed by Governor Gretchen Whitmer. It allows police, family members, and others to petition a judge to order firearms surrendered for up to one year, with hearings required to extend or cancel the order.
Backers of the repeal argue the law targets lawful gun owners and strips rights before due process is complete. DeSana says existing criminal and mental health laws already address dangerous behavior. Opponents, including law enforcement leaders, say the law has prevented violence by allowing early intervention.
State data show nearly four hundred red flag orders were requested in 2024. Judges approved most of them. More than thirty people subject to the orders were charged with crimes within a month of a petition being filed. No vote has been taken. Even if the bill passes the House, it is unlikely to advance in the Democratic-controlled Senate or be signed by the governor.