Following the recent mass shooting at Michigan State University, which left three students dead and five more injured, Michigan Gov. Gretchen Whitmer signed several pieces of legislation into law on Monday that will prevent firearms from being in the hands of persons who pose an immediate threat.
The legislation responds to Democratic lawmakers’ calls for stricter gun laws to lower gun violence throughout the state.
By approving Senate Bill 83, Whitmer adds Michigan to the list of more than a dozen states with “red flag” legislation, sometimes known as “extreme risk protection orders.” Following Minnesota, Michigan is the second state in less than a week to enact a red flag law.
Before 2020, New Mexico was the last state to enact a red flag statute. The measure in Michigan won’t take effect right now because it received no Republican backing in the state legislature.
The bar will instead go into force 90 days after the end of the current legislative session. Law police, loved ones, medical professionals, and others can ask a judge to take firearms away from anyone they believe to be a risk to themselves or others.
Whitmer, the law would help reduce gun violence, particularly mass shootings and firearm suicides. Gun crime perpetrators frequently exhibit “warning signs,” to Whitmer. She added that courts and law police now have a tool for intervention.
At a bill signing event, Whitmer remarked, “We must act because week after week in America we see grim, familiar headlines,” joined by gun control supporters, including former congresswoman from Arizona and gun violence sufferer Gabby Giffords. “The shooters from Oxford and MSU both showed concerning behavior beforehand.”
Local Sheriffs Could Retaliate Against Michigan’s Red Flag Law
Red flag legislation from the Democrats was adopted without dissent. Republican lawmakers contended that the bill would not have prevented the massacre at Michigan State University’s campus on February 13.
Democrats reintroduced gun safety measures after the shooting since they had failed in the previous GOP-led Legislature. They might have been able to stop the massacre at Michigan State.
State Senator Mallory McMorrow, the bill’s proponent, asserted that the red flag law will aid in preventing future tragedies involving guns.“These laws, more than anything else, will buy time. Time to prevent the worst-case scenario. Time to save lives,” she urged.
Livingston County Sheriff Michael Murphy, at least one law enforcement official, has promised not to implement the new red flag rule. Most counties in the state have passed resolutions designating themselves as Second Amendment sanctuaries, opposing legislation they see as restricting gun rights.
However, the state attorney general’s office claims that the proposed red flag statute may be enforced by the Michigan State Police, which has authority over the whole state.
A representative for the Michigan State Police declined to comment on whether it would comply if a local law enforcement agency objected, referring to the situation as hypothetical.
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At the bill signing, Michigan Attorney General Dana Nessel said, “For those who are in law enforcement who refuse to enforce these important orders, let me say this loudly and clearly: I will make certain that I find someone with jurisdiction who will enforce these orders.”
What About Red Flag Laws?
In recent years, lawmakers from all over the country have debated how to reduce gun violence. The United States is currently on a record pace for mass shootings this year, Gun Violence Archive, which counts at least 233 mass shootings that have occurred so far in 2023.
Moments ago, Michigan Governor Gretchen Whitmer signed the state’s new red flag gun law. https://t.co/oBOqXKTQNp
— WXYZ Detroit (@wxyzdetroit) May 22, 2023
Michigan became the 21st state to enact a red flag law, but there are still concerns about the state’s ability to police the rule effectively. The efficiency of red flag regulations has received conflicting reviews in study and analysis.
Associated Press investigation published in September, Fewer than 10 firearms were taken away from persons in each of the 19 states with red flag laws since 2020.
David Pucino, deputy chief counsel of the Giffords Law Center, a gun control organization led by Giffords, says red flag legislation in most states has not been in place long enough for a thorough analysis.
Moreover, the effectiveness of red flag regulations is dependent upon their application. There have been instances where law enforcement failed to act when it appeared they should.
According to an investigation by the USA TODAY Network’s Indianapolis Star, more than 100 red flag cases that police and prosecutors should have filed in court went unfiled.
The Buffalo incident in 2022 also aroused red flags since the 18-year-old suspect had made a threat that was examined by state officials the year before and was referred for a mental health evaluation.
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