Michigan's Red Flag Law Unconstitutional? Lawmakers Announce Push to Repeal After Controversial First Year

On March 5, 2025, State Representative James DeSana introduced legislation to overturn Michigan’s Red Flag law, reigniting fierce debate over Second Amendment rights and public safety. Aimed at preventing gun violence by temporarily removing firearms from individuals deemed a risk, the law is now facing repeal after just one year in effect.  

The Questionable Effectiveness Michigan’s Red Flag Law After One Year 

According to a report released in February 2025, nearly 400 complaints were filed in 2024, resulting in 287 no-gun orders. In 355 instances petitioners or law enforcement officers requested immediate action, where emergency requests that the temporary confiscations occur before holding a hearing where the respondent could make their case for keeping their weapons.   

Michigan’s Red Flag law stands out from those in other states because it specifically addresses situations involving minors. It allows law enforcement to confiscate unsecured firearms from a parent or guardian, even if the order is filed in the child’s name. One particularly controversial case involved a 6-year-old boy who was flagged under the law after allegedly threatening his classmates. 

Read Full 2024 Michigan ERPO Report 

Well Intentioned or Government Overreach? 

When it comes to juvenile cases, Michigan’s Red Flag law raises serious concerns about law enforcement’s ability to enter private homes based on the mere suspicion that a crime might occur. While parents are ultimately responsible for securing firearms, ERPOs give authorities the power to intervene preemptively — sometimes without clear evidence of immediate danger. 

Take the case of the 6-year-old boy: experiencing a mental health crisis, he allegedly claimed access to unsecured firearms. Yet when Northville Township police investigated, they found all firearms had been removed days prior. In another case involving a 10-year-old, police similarly found no evidence of access to firearms, leading to the eventual cancellation of the order. 

These incidents highlight the law’s potential for overreach and raise serious questions about its effectiveness. Critics argue that ERPOs open the door for misuse and unnecessary intervention, further intensifying the push for repeal. State Rep. James DeSana’s proposed repeal bills claim the law infringes upon multiple constitutional rights, including the Second Amendment, the Fifth Amendment, and the Fourteenth Amendment. As these debates continue, gun owners across Michigan are left wondering: do these laws truly make us safer, or do they undermine the very freedoms they claim to protect? 

What Happens Next? 

The repeal bill is now under committee review. If it passes, Michigan would become the first state to reverse a Red Flag law after its implementation. In the meantime, Michigan gun owners should stay informed about their rights — especially those navigating the process of restoring firearm privileges after a past conviction.

Learn What it Takes to Restore Your Second Amendment Rights.

If you or anyone you know has been effected by Michigan’s Red Flag Law, contact the Law Offices of Barton Morris today. 

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