As reported by the Associated Press, several local sheriffs in Michigan declared they will not enforce the law if they believe it encroaches on constitutional rights. Furthermore, over half of the state’s counties have resolutions declaring their status as Second Amendment sanctuaries.
This puts them firmly in opposition to laws they believe impede their citizens’ liberties.
These stands were met with resistance by Michigan Attorney General Dana Nessel. Speaking at the bill signing, she said, “For those who are in law enforcement who refuse to enforce these important orders, let me say this loudly and clearly: I will make certain that I find someone with jurisdiction who will enforce these orders.”
The Michigan red flag law permits guns to be seized from a person for one year. Proponents cite the aim as being to keep weapons away from those who may harm themselves or others.
Michigan is dealing with the aftereffects of two school shootings, and there have been loud calls from many circles to do “something.” A total of seven students were killed and 12 others injured in a pair of shootings at Oxford High School in 2021 and Michigan State University in 2022.
Michigan became the second state within a week, joining Minnesota, to pass a red flag law.
The bill was signed into law by Whitmer just outside of Detroit. She was surrounded, of course, by gun control proponents and lawmakers who had lobbied for “something” to be done.
Also joining the governor was former Arizona Congresswoman Gabby Giffords, who was herself a victim of a mass shooting in 2011. She has since been a crusader against gun rights.
The new law institutes what the state calls “extreme protection orders” which will be in effect next spring. It gives power to family members, law enforcement, mental health professionals, former dating partners, and roommates to petition a judge to take firearms away from an individual.
At that point, the judge has 24 hours to decide whether to grant a “protection order.” If the judge agrees, the gun owner has 14 days to set a hearing to plead their case for keeping their weapons.
If that process goes against the gun owner, their weapons would be taken away for a standard period of one year. Exactly how many times this process will be implemented, however, is up in the air.
The Associated Press in September analyzed the rate of gun confiscation in the 19 states that up until that point had red flag laws. It found that since 2020, weapons have been taken from people 15,049 times. That amounts to less than 10 cases per 100,000 adult citizens.
On the other hand, there is no data on how many people were unjustly stripped of their Second Amendment rights. Additionally, many states have very flimsy protections of due process for gun owners who face accusations that are difficult to defend against.
As every reasonable person knows, these red flag laws are a balancing act between legitimately protecting the public and individuals themselves from harm and basic legal rights enjoyed by all law-abiding Americans. Of course, there are instances where unstable people do not need firearms, no one is making that argument.
But too many times opponents of gun rights just throw whatever they can against the wall hoping something will pass constitutional muster. The right to keep and bear arms along with due process and equal protection must be respected, and that’s where Michigan sheriffs enter the picture.
It is commendable that they take a stand for the Constitution they are sworn to uphold. No one wins if civil rights are trampled in a mad rush to do “something” for public safety.
