Rep. DeSana introduces bills to repeal Michigan's red flag gun laws

Rep. James DeSana (R-Carleton) on the House Floor on Nov. 9, 2023. | Kyle Davidson
Legislation to overturn Michigan's red flag laws that allow judges to remove guns from people deemed dangerous has been introduced in the GOP-controlled state House.
State Rep. James DeSana (R-Carleton) introduced a pair of bills last week to repeal laws establishing Extreme Risk Protection Orders that Democratic Gov. Gretchen Whitmer signed into law in 2023.
'The Red Flag laws are a direct violation of our Second Amendment rights,' said DeSana. 'These poorly written laws strip away our rights without the opportunity for individuals to defend themselves.'
The bills were passed while Democrats controlled both the state House and Senate, and were among a slate of gun safety bills that also instituted universal background checks for all gun sales in Michigan and required safe storage of firearms and ammunition.
But with Republicans regaining control of the House in November, DeSana used the bill introduction to issue a press release saying the hearing process was 'flawed, one-sided, and undermines due process,' which he said was unconstitutional.
'No one should lose their rights without the chance to defend themselves in court. We need to act and restore the rights of Michiganders by overturning these awful policies,' said DeSana.
However, the process set up by the legislation does require any order to temporarily prohibit people from accessing firearms be approved by a judge.
Introduced after the Feb. 13, 2023, mass shooting at Michigan State University that killed three students, the legislation allows family members, law enforcement and other individuals to bring an ERPO request to a judge if the person in question is believed to present a danger to themselves or others.
A recent report from the State Court Administrative Office found that in 2024, a total of 391 ERPO requests were made with 287 being approved, while denials were issued for 84 of the requests as the law requires petitioners to present a factual case showing imminent danger if the person is in possession of firearms.
Advocacy group End Gun Violence Michigan urged supporters to contact their lawmakers and tell them the 'red flag law is saving lives and that we can't afford to go backwards.'
House Bills 4138, 4139, and 4140 were introduced on Feb. 26 and referred to the House Committee on Judiciary.
While Republicans control the House, the legislation is unlikely to see passage through the Democratic-run Senate, much less be signed by Whitmer.
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