Whitmer signs 'Red flag' gun laws where judges can order firearms be removed from homes

The Michigan governor signed a third gun safety bill proposed this session on Monday, which would establish a pathway for extreme risk protection orders, sometimes known as red flag laws.

Gov. Gretchen Whitmer previously signed two other gun safety measures dealing with safe storage and expanding background checks in Michigan. The third law, which enables judges to remove firearms from the house of someone deemed a threat to themselves or someone else, was approved along the thinnest of margins in the legislature.

Some say the bill would save the lives of gun owners and people they know because it removes the potential for violence from those who may have mental health problems or have threatened others. 

Others say the bill goes too far because it requires the gun owner to prove they do not pose a significant risk.

Michigan is the 20th state and first in nearly three years to pass the law. 

MORE: Next batch of state gun bills could face hurdles including magazine size, ability to sue stores

The law works by giving a judge 24 hours to decide whether a request for temporary extreme risk protection order should be filled out. If granted, the judge then would have 14 days to set a hearing during which the flagged person would have to prove they're not a risk.

Those who can petition to have a firearm removed include dating partners, family members, law enforcement member, or mental health professional.

Those who lie when petitioning a court would face jail or a financial penalty.

RELATED: Livingston County sheriff says he won't enforce 'Red Flag' laws

Despite passing the Michigan House and Senate with majorities and garnering a majority of support in the state's population, sheriffs representing some of the state's most conservative counties have said they would not enforce the law. That includes the top law enforcement officer in Livingston County who said the law is unconstitutional.

The Michigan Attorney General has said she "can't make" sheriffs enforce the law. 

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