Michigan’s Red Flag Gun Law: How It Works
Michigan now allows police officers to confiscate firearms from people a court finds pose an extreme danger to themselves or others.
These applications, known as Extreme Risk Protection Orders, are possible under a law that came into force in February.
Here are some frequently asked questions about the law.
Who can apply for a court order allowing law enforcement to temporarily seize a firearm from a person who poses a risk?
A: A family member of the person, a spouse, former spouse, someone who dated the person or has a child with the person; someone who lived in the same household with the person; a guardian, a police officer, or a health care provider.
How are inquiries made?
A: The applicant completes a form at the Family Division of a county court. Forms are usually available on a court’s website, a county clerk’s website, or in the county clerk’s office.
What happens next?
A: The case will be assigned to a judge for review. Courts are instructed to review such motions on an expedited basis.
What information does a judge need to issue an order?
A: The applicant must present facts showing that an order is necessary because the person “can reasonably be expected to cause serious bodily harm to himself or another person in the near future, either intentionally or unintentionally, through possession of a firearm and has performed one or more acts or made significant threats that substantially support that expectation.” The court must find by a preponderance of the evidence that the person meets this criterion and provide the reason for granting or denying the application.
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What things does a judge consider before making a decision?
A: A person’s history of violence or threats of violence, a history of serious mental illness or serious emotional disturbance, any pending criminal charges or previous convictions, any probation or release orders, and any other factors the court deems relevant.
What happens when an order is placed?
A: The court will then decide whether the person must surrender the weapon(s) immediately or within 24 hours. If immediate surrender is ordered, the judge will also issue a search warrant allowing officers to search for the weapon(s) to be seized.
How long is an Extreme Risk Protection Order valid?
A: Orders expire one year after the date they are issued unless modified by a court.
Can such an order be issued against someone who does not own a firearm?
A: Yes. The orders prohibit those affected from owning or purchasing firearms.
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What is the penalty for violating an extreme risk protection order?
A: Violators are punishable by immediate arrest. The court can find them in contempt of court, automatically extend the order, and impose criminal penalties, including up to one year in prison for the first offense and up to five years for subsequent offenses.
Can a person who has an extreme risk protection order against them challenge it?
A: Yes. A person who has been granted a restraining order may request a hearing before a judge at any time and ask to modify or terminate such an order.
What must an arrested person do to get their weapon(s) back?
A: The detained person “must prove with a preponderance of probability that, through possession of a firearm, he or she no longer poses a danger of causing serious bodily harm to another person or to the detained person himself or herself.”Contact John Wisely: [email protected]
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