Updates About Legislation

Beginning on June 30, Michigan will enact a new “hands-free” distracted driving law. While Michigan currently has a law against texting and driving, this new law will include stricter guidelines on what the phone can be used for while operating a vehicle.

In addition to texting, this law will prohibit drivers from holding their cell phone while making a call, recording or watching videos, and using social media while driving. A campaign raising awareness of this new law is expected in the near future.

This law does not include using a screen on the dashboard for changing music and navigation, mounts for cell phones, and making emergency calls. This law also does not include CB radios, two-way radios, and insulin pumps.

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.