State Representative James DeSana has introduced a legislative package aimed at repealing the Red Flag laws enacted last year. These laws, formally known as Extreme Risk Protection Orders, permit courts to confiscate firearms from individuals deemed a risk to themselves or others without prior hearings.
DeSana, representing Carleton, expressed strong opposition to these laws. “The Red Flag laws are a direct violation of our Second Amendment rights,” he stated. He criticized the legislation for removing the opportunity for individuals to defend themselves against such orders.
He further argued that the hearing process associated with these orders is flawed and undermines due process. According to DeSana, anyone can file an order accusing someone of being an “extreme risk” without providing evidence, leading to what he views as unconstitutional removal of fundamental rights.
“The removal of due process is unconstitutional,” DeSana emphasized. “No one should lose their rights without the chance to defend themselves in court. We need to act and restore the rights of Michiganders by overturning these awful policies.”
The bill package, numbered HB 4138-4140, was introduced on February 26 and has been referred to the House Committee on Judiciary for further review.
