After passing in the state Senate Wednesday, red flag legislation is now headed to Michigan Gov. Gretchen Whitmer’s desk.
The legislation gives a judge the power to remove guns from people posing a danger to themselves or others. The Senate votes fell along party lines.
How it works: A partner, former spouse, family member, law enforcement, or mental health professional can petition a court to have a person’s firearms removed temporarily if they are deemed to be a risk. It’s then up to the person to prove they are not a risk of regaining access to weapons in a court of law.
Michigan will become the 20th state to adopt such laws.
Michigan Attorney General Dana Nessel released a statement after advocating for red flag laws.
“This law will save lives. What is clear, after years of witnessing horrific gun violence across school campuses, places of worship, and elsewhere, is that some people simply should not have firearms. And often, whether the need to remove a person’s access to a firearm is acute or enduring, there are egregious and abundant warning signs. This law will allow concerned friends, family, and law enforcement to act in a way that prevents senseless gun violence and deaths in our state. If these recent gun safety laws should be challenged in court, I want the people of Michigan to know it will be my duty and honor to defend them. When these laws are enacted, I will use every tool of my office to ensure Michigan residents are informed of these laws and that they will be vigorously enforced.”Michigan Attorney General Dana Nessel