LANSING, Mich. — Red flag laws are meant to prevent acts of violence with firearms like suicide, domestic violence and mass shootings. Michigan is one of 31 states in the U.S that doesn't have one.
Experts and advocates say these laws are a good idea. They also say the effort to get a red flag law on the books in Michigan is unlikely to work.
“Under Michigan law, if someone has a personal protection order, a domestic violence personal protection order a judge has the discretion to include a firearm restriction," said April Zeoli an associate professor within the School of Criminal Justice at Michigan State University. "That firearm restriction would mean that the person the personal protection order is against cannot purchase or possess a gun during the period that the personal protection order is in place.”
Red flag laws operate a little differently. In general they allow a family member, friend, or member of the community to petition their local court to temporarily remove someone's firearms or prevent them from purchasing one.
“They also combat a suicide risk. And you don't have to be a domestic abuser to be placed under them. For example, if I found out or if someone found out that a loved one was suicidal," Zeoli said. "They had access to a gun and they were a legal gun owner. In the state of Michigan, there is nothing I can do aside from use my powers of persuasion to get them to relinquish that gun.”
Leah Dryer who works with End Violent Encounters, a domestic violence shelter in Lansing, says red flag laws are particularly beneficial when it comes to domestic and intimate partner violence.
“What seems to be effective about those is that it's either family members or law enforcement that are requesting that temporary order," she said. "There's just that getting rid of that high risk factor because stats have shown that every month 70 women are being shot by their intimate partner and access to a gun and makes it five times more likely if you're a victim of domestic violence, to become a homicide victim.”
Democrats reintroduced legislation in February to put red flag laws on the books in Michigan but it’s not sponsored by any Republicans and opponents tell me it’s a serious overcorrection.
“Red flag laws are problematic for several reasons," said Brendan Boudreau, the executive director of Great Lakes Gun Rights. "They violate several of our fundamental rights found in the Bill of Rights. It allows people to lose their gun rights without an actual crime being committed, without getting to face their accuser, and without proper due process. These are serious and egregious concerns that we have.”
Senate Bill 0856 which would create a red flag law in Michigan is currently in the Senate with no scheduled plans for a hearing.
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