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LANSING, Mich. -- The Michigan House is considering bills to repeal the state's red flag gun law. This law, which took effect nearly two years ago, allows judges to temporarily remove firearms from individuals deemed a danger to themselves or others. Representative James DeSana of Carleton authored the repeal bills, arguing that the law infringes on constitutional rights by allowing gun seizures without due process or a crime being committed.
During a recent hearing, Genesee County Sheriff Chris Swanson opposed the repeal, emphasizing that the red flag law enables police to intervene before potential harm occurs. "Imagine if law enforcement didn't take that firearm and didn't secure it and that individual did something dangerous," Swanson stated in a letter to the House Judiciary Committee.
The law, officially known as the Extreme Risk Protection Order (ERPO) Act, was enacted following a shooting at Michigan State University in February 2024. It permits certain individuals, such as spouses and police officers, to petition for a hearing to temporarily seize guns from those posing a significant risk. Critics of the law, including DeSana, argue it violates Second and Fourteenth Amendment rights. "I believe that the right to self-defense, to defend your life against a threat is absolute," DeSana said during his testimony.
Supporters of the law, like Kelly Dillaha, shared personal experiences highlighting its importance. Dillaha recounted a domestic violence incident involving her father and expressed that an ERPO could have prevented it. The repeal measure is still under consideration, with no vote taken yet, as the debate continues in the Michigan legislature.