Michigan’s so-called “red flag” law, which went into effect just last year, has already resulted in nearly 300 confiscation orders. That means nearly 300 Michigan residents had their constitutionally protected Second Amendment rights stripped away without due process. And that’s just in the first year.
The state’s extreme risk protection order (ERPO) law allows courts to order the temporary seizure of firearms from individuals deemed a “threat” to themselves or others. On paper, it sounds like a reasonable safeguard. In reality, it’s nothing more than a gun confiscation law, an end-run around due process rights, and a serious violation of fundamental American freedoms.
A System Designed for Abuse
According to reports, judges in Michigan received 391 petitions under the red flag law, approving 287 and denying 84. That means an overwhelming majority of requests resulted in confiscation, which raises the question: Are judges simply rubber-stamping these petitions? Are due process protections really being honored? Or is this just the latest example of government overreach?
Even more troubling is the fact that the majority of these confiscation orders were issued ex-parte, meaning the gun owner was never given a chance to defend themselves before their firearms were seized. These ex-parte orders are issued without the accused being present in court, which means an individual can lose their gun rights without prior notice until law enforcement arrives at their door to confiscate their firearms.
This complete disregard for constitutional rights sets a dangerous precedent, allowing Second Amendment rights to be revoked on the basis of one-sided claims. The system is ripe for abuse, empowering individuals with personal grievances—such as disgruntled exes or ideological opponents—to weaponize the legal process against lawful gun owners.
Who Gets to Decide?
Perhaps the most alarming part of Michigan’s red flag law is that it allows an expansive list of individuals—including family members, roommates, former partners, and even law enforcement officers—to petition the court for confiscation. That means a disgruntled ex, a bitter relative, or an anti-gun activist in a position of power could initiate a process that strips an individual of their rights.
This should concern every American, not just gun owners. If the government can easily revoke gun rights, what’s stopping them from eroding other freedoms? Today, it’s the Second Amendment. Tomorrow, it’s the First Amendment. The Founders understood that an armed citizenry is the last defense against tyranny, which is precisely why laws like these are so dangerous.
Real Motives, Real Consequences
Supporters of red flag gun laws claim they prevent crime and suicide, but the data simply doesn’t back that up. What these laws actually do is punish law-abiding gun owners while failing to address the root causes of crime and mental illness. Disarming legal gun owners does nothing to stop real criminals—who, by definition, don’t follow the law.
Furthermore, at least 31 individuals subjected to these orders faced criminal charges within a month. That means the state knew these individuals were dangerous but chose to confiscate their guns instead of arresting them. If someone is truly a threat to public safety, why aren’t they in jail? Why do these laws only focus on gun confiscation, rather than addressing the dangerous individuals themselves?
No Compromise on the Second Amendment
Gun control activists have long pushed for incremental restrictions under the guise of “safety.” Michigan’s red flag law is just another example of their strategy—using vague, arbitrary standards to strip citizens of their gun rights without due process. And make no mistake, the anti-gun lobby won’t stop here. Today, they push red flag laws. Tomorrow, they’ll demand outright confiscation.
The Second Amendment is clear: “the right of the people to keep and bear Arms, shall not be infringed.”
Michigan’s State Constitution, Article 1, Section 6 is clear: “Every person has a right to keep and bear arms for the defense of himself and the state.”
Michigan’s red flag law is an infringement, plain and simple. It’s a dangerous precedent that must be challenged and overturned before it spreads even further.
Americans must stand firm. There can be no compromise when it comes to our right to keep and bear arms.
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