Michigan Lawmaker Seeks to Repeal State’s Red Flag Law

Red flag laws may be the dumbest idea that has gained some degree of popularity in the United States in my lifetime, if not in the history of the nation. The idea that someone is such a danger to themselves or others that they should be disarmed, but otherwise left to run around and continue to be a threat to themselves or others makes no sense at all.

And yet, red flag laws are on the books in far too many states.

One of those states is Michigan. Now, a lawmaker is trying to change that.

Legislation to overturn Michigan’s red flag laws that allow judges to remove guns from people deemed dangerous has been introduced in the GOP-controlled state House.

State Rep. James DeSana (R-Carleton) introduced a pair of bills last week to repeal laws establishing Extreme Risk Protection Orders that Democratic Gov. Gretchen Whitmer signed into law in 2023.

“The Red Flag laws are a direct violation of our Second Amendment rights,” said DeSana. “These poorly written laws strip away our rights without the opportunity for individuals to defend themselves.”

The bills were passed while Democrats controlled both the state House and Senate, and were among a slate of gun safety bills that also instituted universal background checks for all gun sales in Michigan and required safe storage of firearms and ammunition. 

But with Republicans regaining control of the House in November, DeSana used the bill introduction to issue a press release saying the hearing process was “flawed, one-sided, and undermines due process,” which he said was unconstitutional.

“No one should lose their rights without the chance to defend themselves in court. We need to act and restore the rights of Michiganders by overturning these awful policies,” said DeSana.

However, the process set up by the legislation does require any order to temporarily prohibit people from accessing firearms be approved by a judge.

However, having an order approved by a judge isn’t the same thing as having the chance to defend themselves in court. These orders are issued without the judge having ever laid eyes on the individual being disarmed, which is a big chunk of the problem many have with it.

While I oppose red flag laws on Second Amendment grounds, I also oppose them on due process grounds. It’s wrong on multiple levels.

First, these laws act like the guns are the problem rather than the individual. Someone looking to cause a lot of death and mayhem being disarmed doesn’t stop him from plowing his car into a crowd of people, does it?

No, it doesn’t.

Then we have the fact that no, people so disarmed don’t get their day in court until well after they’ve been disarmed. Then the onus is on them to prove they’re not a threat, which isn’t necessarily as easy as it sounds.

The question now becomes how likely is this to happen? After all, as noted, Republicans control the House.

The problem is that there’s still plenty of Democrats in the Senate and the governor’s office to kill a bill like this. While I’d like to see Democrats recognize the problems with red flag laws, I just don’t see it happening.

I’d love to be wrong, though, so if you’re in Michigan, start reaching out to your state legislators and see if you can make me a liar!