News/Commentary

Gov. Whitmer signs ‘red flag’ law as AG takes aim at resistant sheriffs

May 23, 2023 | | Print Article

Democratic Michigan Governor Gretchen Whitmer took another move against Second Amendment rights on Monday, signing a red flag law that will arbitrarily determine who is fit to own a gun and who is at risk to harm themselves or others, but a number of prosecutors and sheriffs are vowing to not enforce it.

She is using the Michigan State University mass shooting earlier this year that left three students dead as justification for the infringement of constitutional rights. The state’s attorney general is also calling out sheriffs and demanding they enforce the law.

“Today, Michigan joins the ranks of other states that have enacted Extreme Risk Protection Orders. The time for only thoughts and prayers is over. We know that we cannot keep living like this. Action is needed to keep us safe,” Whitmer tweeted.

“Extreme Risk Protection Orders are: ✔ Supported by law enforcement and medical professionals ✔ Proven to reduce gun violence ✔ Shown to help reduce suicides Safety measures like this just make sense,” the governor also tweeted.

Michigan will become the 21st state to implement a red flag law with the signing of Senate Bill 83. They are also known as “Extreme Risk Protection Orders.” It is set to go into effect 90 days after the legislative session is over. This means that if someone who is close to you either feels you are a genuine risk or just wants to get back at you for a myriad of reasons, they can petition a judge to remove all of your firearms with little recourse.

The judge determining a person’s status would have 24 hours to decide on a protection order after a request is filed. If granted, the judge would then have 14 days to set a hearing during which the flagged person would have to prove they do not pose a significant risk, which many contend is next to impossible to do. A standard order would last one year.

Michigan joins Minnesota as the second state in a week to implement a red flag law after Democrats in both states won control of both chambers and the governor’s office in November. New Mexico was the last state to pass a red flag law in 2020.

“Today, Michigan joins the ranks of other states that have enacted Extreme Risk Protection Orders,” Whitmer crowed in a statement.

She signed the bill with a gaggle of Democrats, anti-gun advocates, and those who have reportedly lost loved ones to gun violence, shedding tears right on cue surrounding her.

Sheriffs in Michigan have been very vocal in opposing the bill and have vowed to not enforce it. Livingston County Sheriff Michael Murphy told Fox 2 Detroit in an interview in April that he would not enforce the law, asserting the red flag laws are “unconstitutional.”

(Video Credit: Click On Detroit | Local 4 | WDIV)

According to the Associated Press, some sheriffs also told them that they would not enforce the red flag law. The media outlet noted that over half of Michigan’s counties have passed resolutions declaring themselves as Second Amendment sanctuaries. That means they will oppose and fight against any laws that impede Second Amendment rights.

Michigan Attorney General Dana Nessel promised to find those who will enforce the red flag orders at the signing of the bill on Monday, according to the Associated Press.

“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,” Nessel vowed.

The red flag law is the final piece of legislation to be signed in an 11-bill gun safety package advanced by Michigan Democrats. Safe storage and universal background checks were signed into law in April by Whitmer.

The gap between constitutionalists and gun grabbers is widening:

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