LANSING, Mich. (Michigan News Source) – After Gov. Gretchen Whitmer signed numerous public acts Thursday morning at Michigan State University expanding background checks and instilling safe storage laws, the Michigan House legislators took up a vote to advance Red Flag laws to the Senate. 

The bill package included implementing “Red Flag” laws in Michigan, also known as Extreme Risk Protection Orders (ERPOs) which would enable some family members, former dating partners, and health professionals to seek court ordered removal of firearms from individuals deemed unable to possess them because they pose a  “threat to themselves and others,” passed along party lines 56 yes votes to 51 no votes.  

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More than half of the floor speeches urged a no vote on the bill package, including former law enforcement officer, Representative Mike Harris (R-Clarkston).  

The bill package would strip individuals of due process and strip people of their guns before they have a chance to defend themselves according to Representative Harris, who spoke to the floor ahead of the vote. Furthermore, he drew other representatives’ attention to the “unintended consequences” that could come from passing Red Flag laws which would put law enforcement in a situation “fraught with danger” and could breed mistrust between the community and officers. 

Representative Andrew Beeler (R-Fort Gratiot) further explained how changing the law was problematic due to the origin of laws and where citizens derive rights, from government, or from a higher authority. 

“At the heart of this bill is not only the question of our second amendment right to keep and bear arms, and fundamentally whether or not we have the right to defend ourselves,” Representative Beeler said, “but rather I would submit at the heart of this package is an attack on the very nature of our rights.” 

Those in favor of the bill argued that the mass shootings and gun violence are a uniquely American problem. 

Representative Julie Brixie (D-Okemos) started her remarks by explaining that she represents the area containing Michigan State University, and its entire Spartan community. 

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“We’ll never know if extreme risk protection orders would have prevented the MSU shooter,” Representative Brixie said, “But we do know he was deeply troubled, and there were warning signs.” 

Chair of the House Judiciary Committee and Representative, Kelly Breen (D-Novi) was the final speaker to address the floor. “Nobody wants to lose a loved one to firearm violence or suicide, nobody wants to see a child accidentally or purposefully lost,” Representative Breen said. 

Some fear that if the Senate version of the bill is passed, which would allow a complaint to be filed in any court in the state, individuals may seek courts favorable to their plea. Furthermore, opponents of the bill expressed concern for the list of individuals who would be able to file a complaint which include: medical professionals, family members, a physician, someone residing in the same household, former spouses or those who have had a dating relationship with the individual, and law enforcement. 

As some representatives, many of whom were former law enforcement, pointed out prior to the voting, law enforcement officers would have to carry out the court order to temporarily confiscate firearms from individuals, the same ones deemed mentally unstable.  Rep. Brad Paquette (R-Niles) commented on how shortly after Maryland passed their own version of Red Flag laws, a man was killed by officers who entered his property to serve the order. 

Those who are served a ERPO have an opportunity to contest it and seek regaining their firearms and the suspension of the right to buy more firearms while the order stands, only after they have their firearms confiscated. 

Attorney General Dana Nessel, a Democrat, has previously expressed support for the passing of ERPO laws. 

“What if we had laws in place where you could turn in a family member and know that that person wasn’t necessarily going be arrested or prosecuted but you certainly would want to be able to remove guns from a person who really is not in a legal state or mental mind frame to be possessing those weapons,” Nessel said. 

Earlier on Thursday, Michigan Democrat Chair Lavora Barnes commended the Governor and Democrat legislators for passing the bills. 

“Thank you to Governor Whitmer and Michigan Democrats for keeping their promise to address needless gun violence in our state,” Barnes said in a statement, “Requiring safe storage of guns and implementing universal background checks will create much safer communities for all Michiganders.”

Michigan’s House passed legislation that takes Michigan one step closer to becoming the 20th state to pass red flag laws, as well as Washington, D.C. Governor Gretchen Whitmer has been expressing her aims to pass “common sense reforms,” of which universal background checks and secure storage laws have alreadying been signed into law.