'Red Flag' Gun Laws Pass MI Legislature, Whitmer Expected To Sign

MICHIGAN — The Michigan Senate passed a bill Wednesday that will allow officials to take away firearms from a person deemed as a threat to themselves or others. The measure, which cleared the House last week, is now headed to Gov. Gretchen Whitmer's desk, where she is expected to sign it into law.

The so-called "red flag laws" allow certain people, such as family members, law enforcement and health providers to ask a court to temporarily take guns away from people they believe can injure themselves or other people.

When reviewing evidence, a court must consider any past threats made by the individual in question, mental illness, previous criminal charges, illegal use of controlled substances, alcohol abuse, unlawful use of a firearm and any other information deemed relevant.

If a judge finds probable cause for a firearm to be temporarily taken away from an individual, that person will then have 24 hours to surrender the firearm. If the individual refuses, officials will seize the firearms, according to the legislation.

Michigan is the 20th state in the nation to adopt the red flag bills.

"This law will save lives. What is clear, after years of witnessing horrific gun violence across school campuses, places of worship, and elsewhere, is that some people simply should not have firearms," said Attorney General Dana Nessel. "And often, whether the need to remove a person’s access to a firearm is acute or enduring, there are egregious and abundant warning signs."

The red flag legislation is the third wave of gun control measures Democrats have pushed through Lansing. Last week Whitmer signed into law two sets of bills that include universal background checks and safe storage laws.