Does Michigan Have a Red Flag Law?
Woody's answers are based on published federal and state law. Not legal advice. Consult a licensed attorney for your specific situation.
Yes, Michigan enacted a red flag law in 2023. The state can now issue extreme risk protection orders (ERPOs) that temporarily remove firearms from individuals deemed dangerous to themselves or others.
What This Means for You
Michigan's red flag law allows family members, law enforcement, and certain others to petition courts for temporary firearm removal orders. This affects anyone who builds, owns, or transfers firearms in the state. The law creates legal mechanisms that can result in confiscation of firearms, including home-built weapons.
The Detail
Michigan's extreme risk protection order law became effective in early 2023, joining about twenty other states with similar legislation. The law establishes a legal process where specific individuals can petition a court to temporarily remove firearms from someone who may pose a risk of harm to themselves or others. Petitioners typically include family members, household members, law enforcement officers, and sometimes mental health professionals or school officials.
The process generally involves an initial ex parte hearing where a judge can issue a temporary order based on evidence of risk. The firearm owner then has the right to a full hearing within a specified timeframe to contest the order. If the court finds sufficient evidence of ongoing risk, it can extend the protection order for a longer period. The standard of evidence and specific procedures should be verified through Michigan's official legal resources, as implementation details can be complex.
These orders apply to all firearms in the person's possession, regardless of how they were acquired. This includes commercially purchased firearms, inherited weapons, and home-built firearms. The law typically requires the surrender of firearms to law enforcement or a licensed dealer during the order period. Violation of an ERPO can result in criminal charges.
The law includes provisions for the return of firearms once the order expires or is lifted by the court. However, the process for return and any associated requirements should be verified through official state resources, as these procedures can involve specific timelines and conditions that must be met.
Build Impact
If you're building firearms in Michigan, understand that these weapons fall under ERPO provisions just like any other firearm. You should be aware that family conflicts or concerning behavior could potentially result in temporary loss of access to your entire collection, including ongoing projects.