Lawmakers have yet to pass the red flag bill, a measure that would allow police, relatives and mental health professionals to petition judges for extreme risk protection orders to remove guns from those who are deemed a danger to themselves or others.
The red flag law, which was backed by former President Donald Trump in 2019, is often controversial. Opponents, mostly Republicans, argue the law violates due process, since guns can be taken away from people identified as a danger as their case is being heard in court. Supporters, often Democrats, say it allows law enforcement to act upon warning signs and prevent tragedies ranging from suicides to mass shootings.
The state Legislature is in recess until Apr. 11 and will likely adopt the measure and send it to Democratic Gov. Gretchen Whitmer for signature.
Preliminary research indicates red flag laws can reduce gun-related injuries or deaths, but enforcement is uneven in the 19 states that have adopted them. The laws are enforced even less frequently in counties with Second Amendment sanctuary resolutions, according to research and news reports. In Colorado, 48 percent of non-Second Amendment sanctuary counties had at least one extreme risk protection order petition filed in 2020, research shows. But only 24 percent of all 37 sanctuary counties had at least one petition filed during the same period.
Some Democratic lawmakers acknowledge the effectiveness of the law hinges on how often it is enforced.
We have been saying these laws will only be as effective as they are known about, as they are exercised and as they are enforced, Sen. Mallory McMorrow, a Royal Oak Democrat and primary sponsor of one of the Michigan red flag bills, told Bridge.
Sen. Rosemary Bayer, D-Keego Harbor, told Bridge she hopes local officials realize the effectiveness of laws. She said if local law enforcement refuses to petition for extreme risk protection orders, Michigan State Police can do so instead.
They will eventually see how these things actually work, Bayer said of local authorities skeptical of the law. I dont know what they are so afraid of. This is not an offense on anybodys rights in any way. You are basically saving peoples lives by doing this.
Of the 53 counties with Second Amendment resolutions, 31 are Second Amendment sanctuaries and the other 22 declared support for Second Amendment rights. Language in 26 of those counties allows local sheriffs or prosecutors to refuse enforcement of laws they believe violate the Constitution.
In eight counties, the resolutions specifically oppose the Democratic gun bills or would restrict government funds or resources used to enforce such laws. They are Alcona, Grand Traverse, Hillsdale, Iron, Macomb, Monroe, Osceola and Tuscola counties.
The 53 counties have a combined population of 3.5 million people, about 30 percent of Michigans residents, according to a Bridge analysis of U.S. Census data.
The resolutions are not pronouncements that carry any legal weight, said Sam Levy, regional legal director for the national anti-gun violence group Everytown Research and Policy.
If theres a question about the constitutionality or enforceability of a law, those matters get resolved in courts, Levy said.
In Lake County, commissioners say lawmakers and policymakers should focus on enforcing current laws on the books, Lodholtz said.
They can pass all the laws but if they dont enforce them, what good are they? he said.
Lodholtz said he supports the concept of universal background checks, which expand background check requirements for pistols in Michigan to all firearms, including long guns.
But Lodholtz called the proposed red flag law a non-starter that shouldnt be enforced. The Michigan bill would allow a judge to issue a temporary order first to confiscate someones gun and grant a full hearing within 14 days, which Lodholtz deems unconstitutional.
Additionally, Lodholtz said he fears the law could be used for retaliation by someone making false accusations, even though people who knowingly make false accusations are subject to up to five years in jail and/or a fine up to $20,000 under the proposed bill.
Lake County Sheriff Rich Martin told Bridge he supports the universal background check law and safe storage requirements. He said he is not opposed to the concept of red flag laws, but shared concerns about the 14-day period and the potential of fabricated accusations.
Martin said he does not want to determine what laws are constitutional or not, noting he will assess future enforcement on a case-by-case basis. But he added he would resist enforcing the red flag law if that meant putting his officers in jeopardy.
The whole point of red flag laws is (to) prevent injuries to individuals, right? How does it prevent injuries to individuals if Im putting my officers in an unnecessary environment (where) we know there are firearms (and) the potential for them to get injured? he said.
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Michigan is passing gun safety laws. Most counties may not enforce them - Bridge Michigan