Proposed Red Flag Laws

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Michiganfirearmsassociation Info



Red Flag Gun Seizures in Lansing!c





Michigan Firearms Association <[e-mail]>




Tue, Feb 7 at 6:01 PM





Dear     is --



I have an URGENT ALERT for gun owners in Michigan!



Please read the email below for all the details and TAKE ACTION to save our Second Amendment.



The 2023 legislative session is well under way and our capitol sources tell us that Red Flag Gun Confiscation laws will be introduced in a matter of days!



The Leftist media, Governor Whitmer, Speaker Tate and Senate Majority Leader Brinks are desperate to ram this gun control into law in 2023.



We need every gun owner in this state to STAND and FIGHT with the Michigan Firearms Association!



That’s why I hope you’ll take a moment to sign the petition that I’ve prepared for you, demanding that Michigan lawmakers kill this bill before it gets rammed through!    www.michiganfirearmsassociation.org/action/redflags-stat-pet/



More on that below.



WHAT RED FLAG LAWS DO:

If enacted, ‘Red Flag Gun Seizure Orders’ would allow virtually anyone to make a claim that you are a danger to yourself or someone else and ask a judge to order you stripped of your firearms.



The amount of room for abuse in this process should have every gun owner in Michigan alarmed.



Consider the following:



>>> These gun seizure orders will be issued before you have been convicted, or even charged, with anything!



A gun owner with absolutely no criminal background of any kind can have his firearms seized before he ever sets foot in a courtroom. You would have more due process rights in traffic court than you would in defending your constitutional right to keep and bear arms.



>>> The hearing that determines whether or not to strip you of your firearms happen in secret!



Known as ex-parte proceedings, these hearings take place in your absence. You will have no ability to question your accuser, provide your own evidence, or testify in your own defense.



In fact, the first time you will be made aware of this is when law enforcement officers come to your home to seize your firearms.



>>> The mere fact that you recently purchased a firearm or any ammunition constitutes evidence that can be used against you!



In many drafted Red Flags bills, under the list of ‘evidence’ that the court can consider in deciding to disarm you is the ‘recent acquisition of a firearm, ammunition, or other weapons.’



So just buying a firearm or a box of .22’s could be enough for a judge to order you stripped of your firearms.



Every gun owner in the state knows someone who has gone through a bad divorce; maybe you’ve gone through that misery yourself.



Can you imagine what an angry ex-spouse could do to you if Michigan enacts this legislation? How about a neighbor who doesn’t like your Gadsden flag bumper sticker or knows you own guns?



The risk to gun owners is ENDLESS!



If you agree, help us stop them by signing your petition against these ‘Red Flag Gun Seizure Orders’ IMMEDIATELY!







My goal is to generate a MOUNTAIN of petitions in opposition to Red Flag laws before the legislature has a chance to start pushing it through the process!



But I need your help!



First, please sign the petition that we’ve prepared and submit it back to us right away. This will make sure that your legislators know where you stand on this 2A issue.



Second, please agree to your most generous contribution so that we can get the word out to as many gun owners as possible about this and get them involved!



Your generosity will help us crank up the heat now, in these critical early weeks.



Whether that's $5 or $500, we need all the help we can get to shut down Red Flag Gun Seizures that the new Democrat majorities are pushing in Lansing!



Thank you for all your help and I'll keep you updated on the bill!



For Michigan,



Ben Dorr

Executive Director

Michigan Firearms Association

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Guest Column: Nick Green/MUCC

Gun Control Updates: Late tricks, red flag laws, MUCC testimony 
By Nick Green | March 14, 2023 

Since MUCC’s inception in 1937, our membership has spoken time and time again with broad support for an individual’s firearms rights, opposing any attempt to infringe on the rights of lawful firearm owners.



Michigan United Conservation Clubs grassroots, member-driven policy supports enforcing existing firearm laws and opposes new regulations on our members who are responsible, legal gun owners.



MUCC opposed most of the recent gun legislation as infringements on the rights of lawful firearm owners within our membership. MUCC does however support, as introduced, SB 81-82/HB 4140-4141 as standalone sales and use tax exemptions on gun safety devices. These bills promote and educate on safe and lawful firearm use and fall within the scope of our organization’s mission.



You can use this tool HERE to find your legislator and urge a NO vote when these bills are voted on Thursday.



MUCC submitted written testimony to both committees, but over the course of four committee hearings, firearms and conservation organizations were given few moments out of the 11-plus hours of verbal testimony.



House Bills 4138 (H-1) and 4142–4143 were approved 8-5 along party lines in the House Judiciary Committee on March 8 and on the House Floor hours later in a vote 56-53 along strict party lines. The remaining House bills have not yet moved out of the committee. The following day, the bills were accepted by the Senate and in an unusual move, not referred to a Senate Committee, but remain on the Senate Floor.



On Thursday, Senate Bills 76-86 were all approved in the Senate Civil Rights, Judiciary, and Public Safety Committee. Senate Bills 81–82 (sales tax exemptions) were unanimously approved and the rest passed 5-2 along party lines.



A vote on the House floor is expected this Thursday, March 16.



License/Universal Background Check for Long Guns



MUCC’s written testimony impacted the subsequent amendments to the legislation by pointing out the proposed provisions on long guns that would undermine hunting and recreational shooting, truly defying common sense.



As such, the amended versions of SB 76 (S-2) and HB 4138 (H-1) now require a license and background check to purchase or acquire a firearm unless purchased from an FFL where a NICS check would be performed as required by law.



The original requirement for a license to possess, carry or transport other firearms in addition to what is currently required for pistols was removed. So in short, you can still loan out a long gun under this amended proposal.



Two new issues that were brought to our attention were flagged in our updated testimony that also requires careful consideration for further amendments, but have NOT yet been included:



Long gun transfer among immediate family members.

Amish religious exemption.

Safe Storage



Under SB 79 (S-2)/HB 4144, MUCC requested several considerations that have NOT yet been included:



Locked vehicle/trunk as safe storage.

Gun ranges and hunt clubs exemption.

There is a proposed misdemeanor if a minor simply touches an unloaded firearm without permission. But if this bill continues to move, we would ask for consideration of the lowest penalty only if the child takes that firearm off the premises.

Red Flag Laws



No amendments were requested but several changes have been made, and amendments are still being considered.



SB 79 (S-2) Dangerous Late Amendment: Repeal MCL 28.435 Sec. 15 (7-13)



A surprise attack on Federal Firearm Licensees (of which MUCC is one of) and gun and ammunition manufacturers was introduced in the Senate Civil Rights, Judiciary, and Public Safety Committee and approved with no advanced notice.



This amendment removes the statutory liability protection from FFLs and manufacturers from civil lawsuits when the firearm transfer is done in accordance with the law.



This would drive up liability insurance costs so much for FFLs and manufacturers it would likely put many small retailers and manufacturers out of business or push them out of Michigan.



According to National Shooting Sports Foundation, who are leaders in the shooting sports data industry, it is estimated 30 other states have this protection and only two have repealed it — California and Illinois. This is a priority issue for NSSF to address. MUCC will continue to fight to put these protections back into law as it will directly affect our day-to-day operations.