Michigan Legislature Passes Red Flag Gun Confiscation Order

On April 19, 2023, the Michigan State Senate passed Senate Bill 83 and House Bills 4146-4148 to establish a “red flag” gun confiscation order at the state level. 

According to the NRA-ILA, the House amendment SB 83 to raise the standard of evidence required to confiscate firearms from “preponderance of the evidence” to “clear and convincing evidence” for ex parte orders where the respondent is not present. However, as the NRA-ILA noted, “his bill package still relegates the Second Amendment to a second class right and lacks sufficient due process protections.” Under red flag laws, law enforcement could be allowed to confiscate an individual’s firearms if they’re perceived to be a threat to themselves or others. All of this is done without any respect for due process rights. 

Michigan Governor Gretchen Whitmer has yet to sign this legislation. Despite Donald Trump’s victory in 2016 that saw him take Michigan, the state appears to be drifting in an anti-gun direction. It’s already ranked in 25th place, so Michigan still has work to do on gun policy. 

With the likes of Whitmer at the helm, the state will rapidly drift in an anti-gun direction. 

If Michigan gun owners aren’t mindful about the policies being passed at the state level, the state could be well on its way to becoming anti-gun bastion like the way California and New York are in the present moment 

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