ROYAL OAK, MI — Michigan is the latest to join a growing number of states across the country in signing into law a process to temporarily remove firearms from at-risk individuals, otherwise known as red flag orders.
A throng of anti-gun violence activists, medical professionals, police, students and politicians gathered Monday, May 22, in front of Royal Oak’s 44th District Court to watch as Gov. Gretchen Whitmer sign the package into law.
“The fact of the matter is, the overwhelming majority of people want and expect us to take this crisis seriously – and it’s a public health crisis that is unique to the United States of America,” Whitmer said of gun violence. “We are now getting Michigan on the right side of a lot of common-sense gun policies that have been proven to save lives, and I think that’s always got to be our North Star.”
Since the bills failed to obtain immediate effect before leaving the legislature, however, the practice will not be implemented until 90 days after the legislature adjourns session for the year.
Questions of whether Whitmer has talked with lawmakers on ending the legislative year early, potentially starting the take-effect clock ahead of when the legislature typically adjourns in December, were met with a resounding “no.”
It’s because of this interest in when the law officially takes effect that Rep. Kelly Breen, D-Novi, said the day was a mixture of relief but trepidation for her.
Breen, sponsor of one of the bills signed Monday and chair of the House Judiciary Committee, told the crowd Monday the heart of the legislation was to “make sure our loved ones come home at the end of the day.”
RELATED: 5 things to know about Michigan’s pending red flag laws
Twenty other states, plus the District of Columbia, already have some form of extreme risk protection orders in place including Florida, Illinois and Minnesota – the last of which beating Michigan by just days in becoming the first state in three years to act on red flag legislation.
Once in effect, Michiganders can seek temporary removal of firearms from at-risk individuals by obtaining an extreme risk protection order, the formal name for a red flag complaint.
A family member, current or former partner, mental health professional or other eligible petitioner would have to file a complaint using forms created by Michigan’s State Court Administrative Office, as ordered by the state Supreme Court.
The complaint would have to show whether the person at issue, called the respondent, can “reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself or another individual by possessing a firearm,” per the bill’s final language.
Though experts say abuse of the process is rare, the package also accounts for punitive use of risk protection orders.
For a first offense, a person could be punished by up to 93 days in jail, a fine of not more than $500, or both. That then escalates to up to four years in prison, a fine of not more than $2,000, or both, for a second offense and up to five years in prison, a fine of not more than $20,000, or both for a third or subsequent offense.
Attorney General Dana Nessel told the Monday crowd that she is already planning to travel to as many areas of the state as possible to educate members of the public, law enforcement, judges, and others “about the importance of these laws and how they can best be utilized.”
“And for those 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,” Nessel said.
RELATED: Livingston County leaders take aim at red flag gun laws, vote to become ‘constitutional county’
Depending on the individual situation, the restrained person would be required to either immediately or voluntarily relinquish guns within 24-hours of a judge issuing an order.
A standard order would last one year.
During that time, a law enforcement agency would possess the person’s firearms and ammunition identified in the initial risk protection order as well as any later discovered in the person’s home.
No fewer than three months after a judge grants an order, a person could ask a court to or a court itself could extend the order for an additional year should enough reason exist. Conversely, a judge could end the order early if there is sufficient evidence risk protection measures are no longer needed.
In attendance at the bill signing was Oakland County Treasurer Robert Wittenberg. During his three terms in the legislature, Wittenberg founded the Gun Violence Prevention caucus and was the first to champion the idea of making Michigan a red flag state.
He was modest about his impact on the topic when speaking with MLive on Monday, saying the signing of the package marked “a good day for everyone in the state.”
“Moving forward, this is really going to have an impact on our state and it’s really going to save lives,” Wittenberg said. “So, we’ll continue to push forward – because we know that this isn’t the one thing that’s going to stop all gun violence, right? It’s got to be a concerted effort of a lot of different things. ... We’re never going to get rid of it entirely, but we’ve got to do our best to try to mitigate it.”
More from MLive
Republicans want to let Michigan gun owners carry concealed pistols without license
Library wars, budget predictions and common sense: Your guide to Michigan politics
Tax cuts may require Democrats to trim draft budgets, officials say
Auto industry could ‘cushion’ Michigan’s economy in a coming recession, experts say
Michigan conservatives against extremism trying to start new political party