LANSING, Mich. (Michigan News Source) – On Monday, Gov. Gretchen Whitmer signed Michigan’s red flag gun bill into law.
The law aims to keep firearms away from someone who is at risk of harming themselves or others. It allow courts to remove guns from those believed to be a danger to others or themselves.
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The courts can also consider several other factors including a history of violence, mental illness, criminal history, use of drugs or alcohol and more. The person who’s guns are taken away have two chances during the year to show they are not a threat and possibly get their weapons back.
According to the bill, the following may file a request for an extreme protection order to be issued: the spouse of the defendant, a former spouse of the defendant, someone who has a child in common with the defendant, someone who is dating or has dated the defendant, someone who lives or has lived in the same house, a family member, a law enforcement officer, or a mental health professional.
Some have argued the red flag laws would allow for vindictive people to take action against ex-spouses or other people with whom they hold a grudge. Lying the first time is a misdemeanor punishable by up to 93 days in jail and a $500 fine. The second and third offenses net a person a felony, along with fines and prison time.
The red flag measure faces pushback on the local level. Several counties have declared themselves “Second Amendment Sanctuary Counties” and oppose laws they believe infringe on gun rights. Some sheriffs have said they will have trouble enforcing something they believe is unconstitutional.
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