Michigan’s ‘Red Flag’ Law and the Unintended Consequences of Confiscation

Michigan’s particularly noxious new “red flag” law, which was enacted last year, has created all manner of collateral damage in the Big Mitten. The targets of these confiscation orders, which can be and are issued on the thinnest of accusations, now include three police officers, an 8-year-old and a 6-year-old. And all of their family members, too.

That’s right, a six-year-old has been served with a red flag firearm confiscation order. Although the unnamed youngster didn’t have much of a gun collection for cops to seize without an ounce of due process, the boys in blue showed up at the home, then searched and seized all “unsecured” firearms belonging to the child’s parents. Nothing like stripping mom and dad of their self-defense tools — not to mention their constitutional rights — over some grade school drama.

Do you feel safer now? Because as authorities assure you, this is all being done for your safety.

Imagine working as a police officer and finding yourself on the wrong end of one of these gun-grabs. It happened to three Detroit cops in January. Having your guns and gun rights stripped without due process sort of makes going to work as a law enforcement officer…awkward.

Hopefully the bad guys those cops put behind bars in the past don’t get wind of this news or they might decide to pay those officers a “visit.” Knowing your victim is unarmed and relatively helpless tends to embolden thugs and bullies.  Without guns, self-defense is a significantly more difficult.

The Detroit News has the gory details . . .

Michigan’s red flag law has been used in select cases over the past year against individuals on college campuses and within the K-12 school system, including cases in which guns have been seized from homes because elementary-age children were deemed a threat to themselves or others, according to state records.

A Northville Township 6-year-old appears to be the youngest individual subjected to an extreme risk protection order since the law went into effect Feb. 13, 2024, according to Michigan State Police records obtained by The Detroit News through a public records request.

The next youngest child was an 8-year-old…

Michigan’s red flag law, one lawmaker said, is unique from other states because it specifically addresses situations involving minors and allows officers to confiscate unsecured firearms from parents or guardians even though the actual order is in the child’s name.

Confiscate the “unsecured” firearms of others living in the home? How is that even remotely constitutional?

“That aspect, particularly related to juveniles, was something we were very intentional about and sets Michigan’s law apart from other states,” said state Sen. Mallory McMorrow, a Royal Oak Democrat who helped sponsor the bill. “I don’t think mental health issues or violence issues judge by age.”

But it’s also that part of the law that worries Second Amendment advocates who have long voiced opposition to the law on several fronts, including the statute’s effect on gun owners who are not the subject of the actual order — such as the parents of a 6-year-old named in an extreme risk protection order.

“One of the issues with this law isn’t just the rights of the respondent of these orders, but it’s also the rights of the individuals they live with,” said Tom Lambert, legislative director for Michigan Open Carry.

The bottom line? Keep your guns secured and don’t alienate your relatives around the holidays (or any other time) and beware of “friends” and relatives with severe cases of hoplophobia or other neuroses who might want to make your life more difficult just because of that Trump hat they saw in your garage.

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5 thoughts on “Michigan’s ‘Red Flag’ Law and the Unintended Consequences of Confiscation”

  1. Geoff "I'm getting too old for this shit" PR

    As far as the Fascist-Leftist Scum ™ are concerned, the new law is working just fine, since guns confiscated by police are *obviously* safer than loose, free-range guns.

    Right, Samuel? 😉

    1. “…guns confiscated by police are *obviously* safer than loose, free-range guns.”

      ‘Zackly. Free range guns get into all sorts of icky, diseased, unsafe, ill-disciplined locations, and go walkabout with so much as a “By your leave.”

  2. We are in a pitiful time and n American History as WE sit back idle & watch our Constitution erode! Just sick to see total lack of Due Process for reasons of “Safety” (our “clueless” forefathers warned of this EXACTLY!!!). And yet, the same people, thought, reasoning, justice system stripping our rights as law abiding citizens lack the guts to actually focus on & punish the violent criminal causing the problem. REALLY messed up!

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