Updates About Legislation

On May 22, Governor Gretchen Whitmer signed extended risk protection order (ERPO) legislation, also known as “Red Flag Laws”. Red flag laws allow family, friends, law enforcement, and mental health professionals to petition a circuit court to seize firearms from an individual placed under an extreme risk protection order.

The law does create penalties for non-compliance and for those who knowingly provide false statements to the court. Governor Whitmer highlighted the importance of these laws in preventing violence and reducing suicides.

On April 19, the Michigan state Senate passed Extreme Risk Protection Order (ERPO) legislation. This red flag law package would enable courts to issue ERPOs towards individuals who pose a significant risk of personal injury to themselves or others by possessing a firearm. The ERPO would then prohibit the individual from possessing or purchasing a firearm.

In separate but related news, the Court of Claims Judge Thomas Cameron denied a motion for Michigan Open Carry, et al v Michigan House of Representatives, et al. Michigan Open Carry and Great Lakes Gun Rights filed suit against the Michigan House of Representatives and Senate stating they were denied the opportunity to address the state legislature during committee hearings on the larger gun reform package. Judge Cameron ruled that the plaintiffs failed to identify the specific rules and how they were violated under the Open Meetings Act, among other items.

On April 5, Governor Gretchen Whitmer signed legislation repealing Michigan’s 1931 abortion ban. The 1931 Michigan penal code prohibited the sharing or publishing information regarding contraception and abortion and prohibited administration of miscarriage procuring drugs or a surgical abortion procedure. Senate Bill 2 and House Bills 4006 and 4032 revokes the felonies of the 1931 penal code. These bills ensure that individuals who administer or receive an abortion are not criminalized.

On Friday March 24, Governor Whitmer also signed bills repealing the Michigan right to work law and restoring the prevailing wage for public construction projects. These bills include Senate Bill 34 and House Bills 4004 and 4007.