Judge finds House violated open meetings act, but dismisses gun group complaint
Editor's note: This story has been corrected to reflect that the court's ruling this week was confined to a complaint alleging violations of the Open Meetings Act.
A Michigan judge partly agreed with pro-firearm groups that alleged the Legislature violated open meetings laws when holding public hearings on bills that eventually created new gun safety laws.
Court of Claims Judge James Robert Redford ruled Thursday that the Michigan House of Representatives violated the state's Open Meeting Act (OMA) when holding committee hearings on bills that eventually turned into new laws expanding background checks for gun purchases in Michigan, implementing so-called “red flag” laws allowing a court to temporarily confiscate a firearm from an individual and mandating safe storage requirements to secure guns in homes where children are present.
While Redford agreed that the House violated the OMA by limiting testimony, he wrote there was no reason to issue an injunction against the House, since there’s no indication the House won’t adjust its rules on public testimony moving forward. Redford also wrote there was no indication the Senate violated the OMA. After Redford's ruling, the complaint has been dismissed.
“Although the Court is keenly aware of its responsibility to construe the OMA and its applicability to the Legislature, it is also keenly aware of the duty of each house of the Legislature to determine the rules of its own proceedings. The Court leaves to the wisdom of the legislative branch the rules to be enacted to bring the House into compliance with the OMA,” Redford wrote in a 22-page opinion published Thursday.
Redford also wrote the House rules "clearly address the public’s right to attend committee hearings and meetings, but are silent about the public’s right to address House committees."
In April, Michigan Open Carry, Inc. and Great Lakes Gun Rights filed a lawsuit seeking a court order to place a temporary restraining order against the laws and legislation, arguing lawmakers violated the OMA by not allowing balanced testimony during committee hearings on the bills. The request for a temporary restraining order was denied later that month.
Committees in each chamber held hearings on the bills in March and April. In each, members heard mostly from supporters of the legislation. Groups, including speakers from Great Lakes Gun Rights and Michigan Open Carry, submitted cards in opposition but were unable to speak during an April 12 House committee hearing on the "red flag" bills. Lawmakers cited time constraints.
The Open Meetings Act is Michigan's law requiring public bodies to make their meetings and actions accessible to members of the public. Under the OMA, boards are required to make time for members of the public who attend meetings to speak, although they do have flexibility when it comes to making time limitations for speakers.
Michigan’s new gun laws are slated to take effect Feb. 13, 2024 — exactly a year after a gunman opened fire at Michigan State University and killed three students and injured five others. While Democratic lawmakers had long called for more stringent gun safety laws, advocates said the shooting demonstrated an urgent need for legislation. Gov. Gretchen Whitmer signed bills creating the new laws in the following months.
In a statement, Rep. Kelly Breen, D-Novi, who chairs the House Committee on Criminal Justice, said "(w)hile the court dismissed this lawsuit, I take seriously their recommendation that the House adopt more formal policies around making clear the process for participation by residents and I will be working to adopt my own rules for the committee in the new year."
Plaintiffs applauded Redford’s ruling.
“The Legislature's knee-jerk and illegal actions show that they know what we know: The truth does not support their agenda, which is why they had to prevent it from coming out,” said Brenden Boudreau, executive director of Great Lakes Gun Rights, in a statement.
Contact Arpan Lobo: alobo@freepress.com. Follow him on X (Twitter) @arpanlobo.
This article originally appeared on Detroit Free Press: Judge finds open meeting violation in gun rights case
