Gun laws are changing in Michigan. Here’s what you need to know.

Gretchen Whitmer Bill Signing

When Democrats took control of Lansing in January, one of their many policy priorities was reforming gun laws in the state of Michigan.

Four months later, they’ve nearly completed a first round of policy implementation centered on three core issues: Safe storage of firearms around minors; universal background checks on the sale of all guns in the state; and implementing extreme risk protection orders, otherwise known as red flag laws.

Two of those three policies have since been signed into law. The acts will officially become law 90 days after the lawmakers adjourn session.

Here’s what you need to know about the state of gun laws in Michigan.

Safe storage: Signed into law

Gov. Gretchen Whitmer signed legislation requiring the safe storage of firearms and corresponding ammunition around minors on Thursday, April 13, at Michigan State University.

“Gun violence is a scourge that is unique to this country, and that’s why we’re taking action,” Whitmer told a packed conference room Thursday. “Across the nation, too many criminals have an easy time getting their hands on guns and perpetuating cycles of violence, endangering families and law enforcement. . This uniquely American problem, we are working and taking steps, today, to address.”

As part of Michigan’s new safe storage laws:

The new safe storage laws do not apply to instances of ranching or farming, target practices, hunting or instruction in the safe use of a firearm. It would also not apply should an employed minor need to possess a firearm.

As a way to encourage safe storage, Whitmer also signed a pair of bills that exempt “firearm safety devices” from the state’s sales and use tax through December 31, 2024.

Universal background checks: (Mostly) signed into law

Whitmer also gave the OK to altering how Michigan processes background checks for gun licenses.

Prior to the move, a background check was only required on pistol licenses in the state. Once the law takes effect, every person buying a gun in the state will need to undergo a background check for any firearm purchased in order to obtain a license.

As part of the act, military members either on leave or discharged from active duty are also required to obtain a license for their firearms within 30 days of arriving in Michigan.

This does not apply to firearms bought or obtained prior to the bill taking effect, and once in effect, does not apply to pistols handed down through a will. Firearms handed down through a will, however, would need to be licensed within 30 days of exchanging hands.

In order to obtain a license via background check, a person must meet a slew of qualifications, including age requirements. The purchaser has to be at least 18 years old and the seller must be at least 21 years old.

A purchaser must not have felony charges pending against them and be considered a legal resident of the state – proven by having a valid Michigan driver’s license or personal identification card, or being lawfully able to vote – among other things.

When speaking at Thursday’s bill signing, Rep. Ranjeev Puri, D-Canton, acknowledged the change in Michigan’s laws wouldn’t prevent all gun violence but would be a step in the right direction.

“The harsh reality is that no one bill or policy is going to erase our society of this issue,” he said. “These are hard challenges that will continue to require bold leadership. But, the amount of gun violence which exists in our country is a symptom of years of government inaction.”

Not part of the legislation signed Thursday, however, was HB 4143, which handles sentencing guidelines for universal background check violations. House lawmakers approved that legislation Thursday and it now goes to the governor for her signature.

Red flag laws: Awaiting a Senate vote

Perhaps the most contentious of Democrats’ three gun-related policy wants are extreme risk protection orders, more commonly known as red flag laws.

Though the bills on the topic are still moving through the legislature, House lawmakers April 13 voted to pass – along party lines – House Bills 4145, 4146, 4147 and 4148, along with Senate Bill 83.

“This isn’t about taking anyone’s rights,” Rep. Kelly Breen, D-Novi, chair of the House Judiciary Committee said in a floor speech Thursday. “It’s about getting someone the help they need before they cause unfathomable heartbreak – and if that is an inconvenience to people I am sorry, but I am not sorry.”

Under the four-bill House package, the legislation creates the Extreme Risk Protection Order (ERPO) Act, which would:

SB 83 and HB 4145 are near mirrors of one another, with the main difference being where a person can file a risk protection order.

Under the Senate’s version, a person could file one in any Michigan county, much like how personal protection orders currently operate. The House’s version, however, would limit the filing venue to a county meeting one of four criteria: where the requester lives, the location of the requester’s workplace, where the respondent lives or where the respondent works.

Sources familiar with the legislation say it’s likely SB 83, ultimately, will be the red flag bill signed into law once it clears the legislature.

That hasn’t sat well with Republicans like Rep. Andrew Fink, R-Hillsdale, who maintains red flag laws do not fully afford a person due process and lacks a mental health evaluation component.

“Michigan’s state constitution says that the right to keep and bear arms is for the defense of yourself and the state,” he said. “So, interfering with that right under the Constitution should follow high standards . I don’t think that this legislation is actually effective at preventing gun violence or at least not in the kind of scale that you would want to see in order to justify this kind of potential intrusion into a person’s life.”

SB 83 will need a concurring Senate vote prior to being sent to Whitmer’s desk, as the House adopted changes to the bill Thursday. The remaining four House bills still need to make their way through the Senate chamber, which next meets Wednesday, April 18.

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