Leaders from various sectors, including political figures, scholars, survivors, and student activists, came together virtually for the second day of the Michigan Gun Violence Prevention Summit. Their discussions revolved around assessing the state’s progress in enacting gun-violence legislation and identifying further measures needed to address the issue.
Among the notable developments highlighted was Michigan’s newly enacted “red flag law,” slated to take effect on February 13. This law empowers judges to authorize law enforcement to temporarily seize firearms from individuals deemed a risk to themselves or others. The legislation, signed into law last spring, aligns Michigan with 21 other states that have implemented similar extreme risk protection orders aimed at preventing potential violence.
The extreme risk protection orders, akin to domestic violence protection orders, serve to safeguard individuals from accessing firearms and mandate restrictions on their interaction with survivors. Unlike personal protection orders, which address immediate threats, extreme risk orders specifically target individuals at risk of suicide or interpersonal violence.
The legislative package set to roll out next month also includes provisions for universal background checks, requirements for safe firearm storage, and limitations on domestic abusers’ access to firearms.
Under Michigan’s new law, law enforcement officials, certain healthcare providers, as well as individuals within someone’s support network, can petition for an extreme risk protection order. Respondents are entitled to notification and a hearing to contest the allegations against them. Emergency orders can be sought in urgent situations, with judicial decisions required within one business day.
The court considers various factors, such as the individual’s history of violence, criminal record, substance abuse, and recent firearm acquisitions, in determining the necessity of an extreme risk protection order. While mental illness isn’t a sole basis for issuing such orders, it is taken into account if relevant.
Extreme risk protection orders are valid for one year, with provisions for renewal upon request and periodic hearings. The orders are reported to the FBI to prevent respondents from purchasing additional firearms.
Michigan Attorney General Dana Nessel emphasized that extreme risk protection orders are civil measures aimed at firearm removal, not criminal sanctions. The focus is on mitigating threats rather than making arrests.
Additionally, new safeguards preventing domestic violence offenders from possessing firearms within eight years of conviction are set to be implemented. However, there are calls for mechanisms to address the surrender of firearms already owned by abusers, highlighting ongoing challenges in protecting survivors.
Efforts are underway to amend existing laws, including proposals to hold individuals arrested for domestic violence in police custody for a minimum of 24 hours. These initiatives aim to provide crucial time for victims to seek assistance and for both parties to de-escalate potentially volatile situations.