Legislation would repeal Michigan’s red flag law

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Legislation has been introduced in the Michigan House to repeal the state’s red flag law.

The bill proposed by state Representative James DeSana received testimony in the House Judiciary Committee this week. It would do away with the state law allowing “extreme risk protection orders,” when a judge issues rules that guns be taken away from someone determined to be at risk of harming themselves or others.

The Republican DeSana says his bill is about protecting constitutional rights, while state Representative Joey Andrews tells us it has no chance of going beyond the Republican-controlled House.

I think that if they wanted to pass it in the House, they have the votes in their caucus to do that, but there’s no world where the Senate takes that up, the governor is absolutely not signing a bill like that, so I think it’s performance and messaging that all of that amounts to,” Andrews said.

DeSana says the red flag law “allows the government to take away someone’s Second Amendment rights without a crime being committed and without the basic guarantees of fairness that every citizen deserves.” Supporters of the red flag law say it’s one of the few ways that police can intervene in a potentially dangerous situation, temporarily getting guns away from someone who might use them to harm someone.

The law was just passed in 2023.