On Feb. 13, several new laws went into effect that impact gun owners throughout Michigan. Each of these laws were initiated by Democrats, and the vast majority passed through the Legislature along partisan lines. I opposed these bills because they infringe on the Second Amendment rights of lawful gun owners without actually preventing violent crime.

Still, these laws are now in effect and a lot of people have questions about what they mean and how they impact our constitutional freedoms. As your state representative, I want to make sure people are properly informed about the changes. Here is a breakdown you might find useful:

Firearm storage requirements (Senate Bills 79 and 80):

• If a person stores or leaves a firearm unattended in their home, and they know that a minor is likely to be present, they must:
  • Store the firearm in a locked box or locked container, or
  • Keep the firearm unloaded and locked with a trigger lock.
• If a person stores or leaves a firearm unattended on someone else’s property, and they know that a minor is likely to be present, they must:
  • Store the firearm in a locked box or locked container, or
  • Keep the firearm unloaded and locked with a trigger lock, or
  • Store the firearm in a locked motor vehicle, either inside a locked box or container, or locked with a trigger lock.

Background check requirements (House Bills 4138 and 4142):

• A citizen purchasing any type of firearm, not just a handgun, will need to have a background check related to a firearm purchase. This includes rifles, shot guns, and handguns. For long guns, firearms purchased before the law went into effect are grandfathered in.
• Lending or borrowing a long gun for the purpose of target shooting or hunting does not require any permits or background checks. If ownership is transferred, that change triggers the need for a background check of the buyer, not the seller.
• Under this new law, a family member can no longer gift a long gun to another family member unless the person acquiring the long gun gets a background check at their local police station or sheriff’s department. The long gun does not need to be registered.

Updated domestic violence regulations (SBs 471 and 528, HB 4945):

• These new laws prohibit an individual convicted of certain misdemeanors, including those related to domestic violence, from possessing firearms for an eight-year period. They also temporarily prohibit firearm possession by anyone convicted of a felony punishable by at least one year in prison, instead of the current restriction tied to felonies punishable by at least four years in prison.

New “red flag” laws (SB 83, HBs 4146, 4147 and 4148):

• These laws create a new extreme risk protection order process by which a court could order the removal of someone’s firearms, if a judge decides that the individual is poses risk of harming themself or another person.
• Enforcing this law requires court intervention. Here’s how it works:
  • A dating partner, current or former spouse, family member, a person with whom you have a child in common, a person who resided in the same household, law enforcement member, health care provider, or mental health professional can petition a court to have a person’s firearms temporarily removed if that person is deemed a risk.
  • After reviewing any evidence submitted, a judge may enter an emergency order restricting an individual’s right to possess firearms. In some cases, a person is not guaranteed a hearing before having their guns taken away.
  • When a hearing is held, the person in question will be responsible for proving in court that they are not a risk and should regain access to their weapons, while those who filed the petition are called upon to prove why the person might be a risk.
  • If a judge does issue a firearm removal order, that order could be in place for up to one year. The order could be extended if another hearing is held.

New gun safety devices (SBs 81 and 82):

• To lower the cost of safely storing a firearm, firearm safety devices are exempt from Michigan’s sales and use tax from now until the end of the year. This includes gun safes, lock boxes, trigger and barrel locks, and other items designed to enhance home firearm safety.

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If you have any questions or concerns, please do not hesitate to reach out to my office by calling (517) 373-3906 or emailing RobertBezotte@house.mi.gov. I am always happy to hear from people in our community.

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