Whitmer expands background checks, enacts safe storage with gun safety bills

Gov. Gretchen Whitmer signed legislation Thursday aimed at preventing gun violence in Michigan by expanding background checks and establishing penalties for those who fail to keep firearms out of the hands of children.

Whitmer signed the bills at Michigan State University's campus just two months after a shooting at the school left three dead and five injured.

"Today, we're taking commonsense gun action to reduce violence and save lives," Whitmer said at the bill signing ceremony. "Gun violence is a scourge that is unique to this country and that's why we're taking action."

"We don't have to live like this and today we're showing that we're not going to," Whitmer said.

In addition to the bills she signed, Whitmer repeated her call for lawmakers to send legislation to create a so-called "red flag law" her way.

"All of these initiatives are supported by a majority of Michiganders," she said.

Democrats in the state House and Senate have passed bills to allow courts to temporarily take firearms away from those deemed dangerous. But the two chambers have to work out small differences and give the bills final approval before they can go to Whitmer. Later Thursday, the Michigan House approved a series of bills to enact a "red flag" law that would empower courts in the state to temporarily take away guns from those deemed dangerous.

While federal law currently requires background checks for gun sales by licensed dealers, Michigan law only requires first obtaining a license for purchasing pistols from private sellers. The Democratic legislation — House Bill 4138 — signed by Whitmer would expand the requirement to all firearm purchases. House Bill 4142 amends the state's penal code to reflect the change. The bills passed on a party-line vote.

Whitmer also signed Senate Bill 79 requiring gun owners to store their firearms in a locked container or use a locking device if they have a child in the house or take their gun somewhere a child could gain access to it. Senate Bill 80 signed by Whitmer updates the state's criminal code with the penalties for those who fail to safely store their firearms.

If a child injures themselves or someone else with an unlocked firearm, the gun owner would be guilty of a felony punishable up to five years' imprisonment and/or a $5,000 fine. If the minor kills themselves or someone else, the individual who failed to secure or lock their firearm would be guilty punishable up to 15 years' imprisonment and/or a $10,000 fine.

"No longer do we only have our thoughts and prayers. We have these tools and we're taking action," said Kalamazoo County Sheriff Rick Fuller at the bill signing ceremony.

The safe storage bills passed along a party-line vote in the state Senate but received the support of five GOP state representatives in the House, including House Minority Leader Matt Hall, R-Richland Township. Three Oakland County lawmakers also voted for the bills: state Reps. Tom Kuhn of Troy, Donni Steele of Orion Township and Mark Tisdel of Rochester Hills.

Not far from their competitive districts, a 15-year-old at Oxford High School used a gun purchased by his parents to kill four students and injure seven others in November 2021 rampage. His parents — the first in the country charged in a mass school shooting — argue the gun used in the massacre was locked and secure. But prosecutors counter the shooter had easy access to the weapon at home.

Democrats introduced similar safe storage requirement bills last legislative session that languished in the GOP-controlled Legislature.

Whitmer also signed bills — Senate Bill 81 and Senate Bill 82 — to temporarily exempt firearm safety devices from sales and use taxes.

Democrats shepherding the gun safety measures passed so far say their actions represent a starting point and to expect additional proposals to curb gun violence.

Clara Hendrickson fact-checks Michigan issues and politics as a corps member with Report for America, an initiative of The GroundTruth Project. Make a tax-deductible contribution to support her work at bit.ly/freepRFA. Contact her at chendrickson@freepress.com or 313-296-5743. Follow her on Twitter @clarajanehen.