Michigan House OKs red flag bills to temporarily seize guns from those deemed dangerous

Just hours after Gov. Gretchen Whitmer signed into law bills expanding background checks for firearm purchases and safe storage requirements, the Michigan House approved a series of bills to enact a so-called "red flag" law that would empower courts in the state to temporarily take away guns from those deemed dangerous.

The vote comes after Senate Democrats last month passed similar legislation. All Democratic-backed bills in the state House passed on party-line votes after lawmakers adopted amendments Thursday to address due process concerns raised by law enforcement and modify the process for applying and appealing extreme risk protection orders issued by courts under the proposed red flag law.

The two chambers must agree on the final versions of the bills before they can go to Whitmer for her signature.

"We are constantly reeling from one mass shooting to the next," said House Judiciary Committee chair Rep. Kelly Breen, D-Novi, during a Tuesday hearing on the bills. Between shootings that leave multiple people dead and entire communities left to grieve, firearm suicides occur so frequently that they account for the majority of gun deaths, Breen said.

State Rep. Julie Brixie, D-Okemos, whose district includes East Lansing, where a shooting two months at Michigan State University left three dead and five injured, said she has heard repeated calls since the rampage to pass gun safety measures, including a red flag law.

"We'll never know whether extreme risk protection orders would have prevented the MSU shooter, but we do know he was deeply troubled and there were warning signs," she said.

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Changes worked out during bill negotiations ultimately gained support from law enforcement before the votes Thursday. Dan Pfannes, deputy director for the Michigan Sheriffs' Association, thanked lawmakers for the opportunity to provide input on the legislation. The Michigan Fraternal Order of Police also expressed support for the bills, according to Breen.

One major change to the legislation would require that an individual petitioning a court for an extreme risk protection order show the order is necessary because someone is at risk of injuring themselves or someone else with the firearm specifically in the near future. Another change would give those under an extreme risk protection order opportunities to ask the court to rescind the order twice during the year the order is in effect.

Some former law enforcement officers serving in the House raised objections to the bills. State Rep. Mike Harris, R-Waterford, said requiring law enforcement to execute extreme risk protection orders and confiscate guns from those deemed dangerous could put officers at risk by creating potentially volatile situations.

Other Republican lawmakers called for enforcing the laws already on the books instead of creating new ones to address gun violence, particularly stemming from mental health issues.

"When we make guns the scapegoat for society's mental health crisis, it deflects our attention from real solution," said state Rep. Jaime Greene, R-Richmond.

House Democrats passed five bills Thursday as part of the red flag law package. House Bill 4145 and Senate Bill 83 would enable courts to issue extreme risk protection orders. The House version of the bill would limit petitions for an extreme risk protection order against an adult to be filed in the county where either the person requesting the order or the respondent resides or has a business. Meanwhile, the Senate version of the bill would allow petitions to be filed in any county in the state.

House Bill 4146 would ban those under such orders from purchasing firearms. House Bill 4147 would prohibit courts from charging fees for actions brought under the red flag law. Finally, House Bill 4148 would update the state's code of criminal procedure to include violations of the proposed red flag law, including false statements in a request for an extreme risk protection order.

Whitmer on Thursday morning called for lawmakers to send the extreme risk protection order legislation her way. If she has the chance to sign it, it will mark the culmination of her call to enact a trio of gun safety measures. Some Democrats hope action to curb violence won't end with the three proposals taken up so far.

Clara Hendrickson fact-checks Michigan issues and politics as a corps member with Report for America, an initiative of The GroundTruth Project. Make a tax-deductible contribution to support her work at bit.ly/freepRFA. Contact her at chendrickson@freepress.com or 313-296-5743. Follow her on Twitter @clarajanehen.

This article originally appeared on Detroit Free Press: Michigan House Democrats pass red flag bills: What it means