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Legislation to repeal Michigan’s red flag law, also known as the Extreme Risk Protection Order, or ERPO, will be taken up for testimony in the House Judiciary Committee this Wednesday, December 17, 2025. MCRGO director and law professor Steve Dulan will testify in support of the repeal on behalf of MCRGO and its members. MCRGO strongly opposed the passage of the existing law from the 2023-2024 legislative session.
Michigan is the second state after Florida to introduce legislation to repeal its red flag law. Michigan will be the first state to hold a hearing on such legislation. Several other states, including Montana, Texas, Tennessee, Oklahoma, Wyoming, and West Virginia, have already enacted legislation proactively banning red flag laws.
- Red flag laws allow the government to confiscate firearms without a criminal charge or mental health adjudication, undermining basic due-process protections.
- Ex parte ERPO orders remove a constitutional right before the individual has notice or an opportunity to be heard.
- Michigan already has criminal laws, protection orders, and mental health procedures that address dangerous behavior with stronger due-process safeguards.
- The ERPO process is vulnerable to misuse during family disputes, divorces, or personal conflicts, with lasting harm even when accusations are unfounded.
- Confiscation based on predicted future behavior treats a fundamental right as a revocable privilege rather than a protected liberty.
- ERPOs divert attention from addressing root causes such as mental health care access and enforcement of existing laws.
- Repealing the ERPO law restores clear, constitutional standards: charge crimes, treat mental illness, and protect rights when neither applies.
While we do not expect a vote on this legislation yet this year, we encourage responsible gun owners who are available to attend the committee hearing as a show of support to offset expected attendance from opponents. The location of the Michigan House Office Building is at 124 N Capitol Ave, Lansing, MI 48933.
MCRGO thanks the bills' sponsor, Rep. Jim DeSana (R-Carleton), for their introduction, and the House Judiciary Committee Chair, Sarah Lightner (R-Springport), for providing a hearing for the legislation.
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