According to new state data, nearly three out of every four red flag laws calls in Michigan over the past year resulted in the confiscation of firearms from an individual believed to be a danger to himself or another.
In the first full year of the implementation of the Extreme Risk Protection Order Act, a red flag law passed in the wake of the fatal shooting at Michigan State University on February 13, 2023, judges in all parts of Michigan granted 287 of the 391 requests for a seizure of weapons.
The , State Court Administrative Office made new state data on how frequently the law was used in its first year available on Wednesday.
The law, which is primarily those of their families or police, allows individuals to petition a judge to require the removal of weapons from someone who poses a risk to themselves or others, as well as allowing for later upheld appeals of the order.
State Rep. Kelly Breen, a Novi Democrat instrumental in the law’s passage, said she was pleased with the tool’s usage so far and expects numbers to pickup as public awareness of the option increases. According to Breen, preliminary evaluations of the use of the law demonstrated that due process was being followed and that the orders had not sparked lengthy legal battles or risky standoffs with the police.
According to my understanding, the majority of those who had an ERPO taken out against them have seen what other states have done, with many of them not even trying to get their firearms back, Breen said. ” Many of the cases involved someone who was suicidal”.
In the Democratic-controlled House and Senate in 2023, the law was largely party-lined. Republicans claimed that the statute violated the Second Amendment and the right to a fair trial for gun owners who could face unfair orders from an ex-partner seeking retribution or someone who is uneasy with guns in general.
The State Court Administrative Office is tasked with collecting data on how the law is used and providing it to lawmakers once a year in accordance with the law ‘s , 2023 law creating the act. Wednesday marked the court ‘s , first report on the law.
Of the 391 orders requested, 287 were granted by judges and 84 were denied. The filer dismissed or denied six more, eight were initially issued before being revoked after a hearing, and six were still pending when the data was compiled.
355 of the 391 requests were ex parte or emergency ex parte, meaning the petitioner requested an order without holding a hearing to allow the party to respond to the request.
” But not all of these were disposed ex parte”, the report said. ” In several instances, judges held a hearing before making a decision. Of the 338 complaints disposed ex parte, a total of 273 orders were issued and 65 were denied”.
The report also noted that at least 31 individuals, or about 11.4 % of those restrained by an order, were charged within 30 days with a total of 74 criminal offenses. According to the report, the most frequently charged offenses were domestic violence and assaulting or resisting a police officer. Twenty-two of those charges were related to firearms and ammunition.
Of the 74 charges, 28 resulted in convictions or pleas, 14 were dismissed, four resulted in a competency evaluation and 28 are still pending, according to the report.
No respondents were charged with refusing or failing to comply with an extreme risk protection order, and neither did petitioners.
The report contained incomplete information about the race, gender, and ages of those who filed petitions or were subject to them.
Additionally, the report did not provide data on how many orders were requested by law enforcement versus civilians. However, according to a , a , Detroit News reviewed preliminary ERPO data last year and discovered police had initiated almost all of the 156 requests made by June 15.
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