To the surprise of nobody, the “red flag” law passed by Democrats in 2023, with zero support from Republicans, has resulted in hundreds of law-abiding gun owners having their Second Amendment rights stripped from them and their guns confiscated in unconstitutional procedures that denied them due process of law.
“It looks, to me, like it’s working exactly the way we intended,” sneered state Rep. Kelly Breen (D‑Novi).
From The Midwesterner:
“It’s getting wild,” [Great Lakes Gun Rights Executive Director Brenden] Boudreau said, noting the vast majority of orders were granted ex-parte, meaning they were approved by judges before those involved were given an opportunity to present their case.
“That’s problematic, too, from a due process point of view,” he said.
A separate Bridge Michigan analysis of red flag data from Feb. 13 through Dec. 31 found 73.4% of orders requested were issued, while 21.48% were denied, 1.53% were dismissed, 2.05% were rescinded, and 1.53% remained open. At least seven cases involved minors.
“It looks, to me, like it’s working exactly the way we intended,” state Rep. Kelly Breen, D‑Novi, told Bridge.
Out of 384 requests reviewed by the news site, 237 were granted ex-parte, and 111 involved “immediate emergency” requests from law enforcement.
State Sen. Mallory McMorrow, D‑Royal Oak, a sponsor of the red flag legislation, told The News Democrats purposefully crafted the law to allow police to confiscate weapons from parents, even when they’re not named in an order.
House Republican Jim DeSana (R‑Carleton) has introduced legislation, House Bills 4138–4140, to repeal the red flag law and restore the constitutional rights of Michigan owners.