LANSING, Mich. — A bill that would allow Michigan police agencies to seize guns owned by those deemed a threat to themselves or others passed the state Senate Wednesday and is headed to Gov. Gretchen Whitmer's desk for final approval.
The Senate voted along party lines 20-17 for the "red flag" proposal, which is a final piece of Democratic lawmakers' initial response to a Feb. 13 mass shooting on the campus of Michigan State University that left three students dead and five injured. Last week, Whitmer, a Democrat, signed legislation to expand background check requirements for firearm purchases and impose storage standards for guns kept in homes where children are present.
Under the "red flag" bill, courts could issue extreme risk protection orders if they determine a person can reasonably be expected to seriously injure someone by possessing a gun. Sen. Mallory McMorrow, D-Royal Oak, the sponsor of the bill, has argued the measure will save lives.
"These laws will help prevent tragedies before they occur while maintaining due process, by allowing law enforcement to temporarily remove firearms from individuals who pose a risk to themselves or others," McMorrow said in a past statement.
Nineteen other states have extreme risk protection order laws on the books, according to the national organization Giffords Law Center to Prevent Gun Violence, which has advocated for new restrictions to combat gun violence.
Opponents of the Michigan proposal have said it unconstitutionally allows people's guns to to be confiscated.
"These laws trample all over the constitutional rights of the people that I've sworn to protect," Presque Isle Sheriff Joe Brewbaker said in a Monday statement.
The "red flag" legislation is currently a four-bill package. The Senate advanced the main proposal to Whitmer on Wednesday morning. The other three bills will likely be considered by the Senate later Wednesday.
Under the bills, a spouse, a former spouse, someone who is dating the person, a roommate, a family member, a guardian, a law enforcement official or a health care provider can ask a circuit court judge to issue an extreme risk protection order.
If an order were issued, the person would have 24 hours to surrender their firearms. After having the opportunity to surrender their weapons, the person's guns could be seized by law enforcement, according to the language of the bill.
After the order were issued, the person would eventually be able to request a hearing on whether the order should be rescinded.
Whitmer has said she looks forward to signing the "red flag" bills.
