Michigan has new gun laws on the way, gun safety advocates want to see more

When Gov. Gretchen Whitmer signed into law gun safety measures following the shooting at Michigan State University last year, many gun safety advocates applauded the passage of proposals that previously stalled under Republican leadership. But those celebrations occurred against a backdrop of urgent calls for more.

Before the MSU shooting, Whitmer called on lawmakers to send legislation her way to enact background checks for all gun purchases, firearm storage requirements to keep guns out of the hands of children and a red flag law allowing courts to order the temporary removal of guns from those who pose an imminent risk to themselves or others.

Two months after the MSU shooting, Whitmer signed into law the universal background checks and safe storage requirements. And about a month after that, she approved legislation to temporarily take away guns from those at risk of endangering themselves or others, marking the culmination of her call for the trio of gun safety measures. Those new laws take effect this week.

Tijuana Morris, a 68-year-old retired police officer from Detroit, was among the gun safety advocates who stood behind Whitmer and lawmakers at the red flag law bill signing ceremony last year, holding a sign that said "BAN ASSAULT WEAPONS NOW!" She welcomed the new gun safety laws while expressing hope for additional action. "This is just the beginning," she told the Free Press at the time.

After the event, Whitmer expressed openness to other efforts to curb gun violence. "I don't think the conversation's over," she said. This year, Whitmer's office pointed to dedicated funding for local law enforcement in the governor's proposal for the next state budget when asked about the specific gun safety measures Whitmer wants to see on her desk. "We've gotten Michigan on the right side of history to protect people from gun violence, but there's more work to do to make sure Michiganders feel safe in their communities," wrote Whitmer spokesperson Bobby Leddy in an email.

Gun safety advocates hope lawmakers who heralded the legislation passed last year will remain focused on ways to curb gun violence, and Democratic lawmakers pushing for additional action on gun safety say they plan to home in on a few legislative priorities this year. But it's unclear which measures Whitmer and Democratic legislative leaders want to see passed.

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"This is a crisis that must be tackled from all angles, and we will continue to work with police, medical professionals, teachers, mental health experts, parents, and anyone committed to making our state a safer place," said Senate Majority Leader Winnie Brinks, D-Grand Rapids, in a statement to the Free Press.

Amber McCann, spokesperson for House Speaker Joe Tate, D-Detroit, forecasts representatives will "continue to introduce and champion additional measures to help keep our residents and communities safe."

Mikah Rector-Brooks, press associate for the youth-led gun safety group March For Our Lives, characterized the new laws in Michigan as an incomplete victory.

"It was truly the bare minimum, and what I've seen lawmakers do in the past and what we really want to avoid is checking a box and moving on," they said. "Not just in Michigan, but all over the country, lawmakers take action after tragedies."

But they shouldn't wait for more people to die to pass laws to prevent gun violence, Rector-Brooks said.  

Advocates have their eyes on a long legislative wish list with many items supported by the group of state lawmakers working on gun safety.  

A long list of priorities on the gun safety agenda

Gun safety advocates see an opening for reducing gun violence in the next state budget. They want to see continued funding for community violence intervention programs such as street outreach focused on those at risk of committing gun violence.

End Gun Violence Michigan’s executive director Ryan Bates said he also wants to see funding for implementing the gun safety legislation recently signed into law such as a public awareness campaign informing Michigan residents how they can petition a court for an "extreme risk protection order" to temporarily remove guns from someone posing an imminent threat to themselves or others. 

Gun safety advocates pointed to legislative actions toward the end of last year as a sign lawmakers intend to take additional action this year.

On a party-line vote last November, Democrats in the state House passed legislation banning the open carry of firearms at polling locations, early voting sites, clerk's offices and ballot drop boxes and a complete prohibition on the possession of firearms at absentee ballot counting centers. The same month, Whitmer signed legislation temporarily banning those with domestic violence convictions from possessing and purchasing firearms and ammunition in Michigan.

"So I do think that they will continue working on this," said Sean Holihan, state legislative director for the gun safety advocacy group Giffords. "And as long as Democrats have the majority, we're going to continue to see progress."

But some gun regulations introduced by Democratic lawmakers have not received a hearing, including bills to raise the purchasing age from 18 to 21, establish a 14-day waiting period between purchasing a firearm and obtaining it and allowing local governments to ban open carry within their borders and create gun-free zones.

State Sen. Jeff Irwin, D-Ann Arbor, who introduced the bill enabling local governments to create gun-free zones said that amid the many legislative priorities competing for lawmakers' attention, he's hopeful they'll circle back to gun safety this year. "There is still a fair amount of low-hanging fruit available," Irwin said.

While those who introduced those bills hope to see action soon, other gun-related bills may still emerge this legislative session.

State Rep. Felicia Brabec, D-Pittsfield Township, who chairs the Michigan Firearm Safety and Violence Prevention Caucus, outlined legislation in the pipeline targeting "ghost guns," homemade firearms that lack serial numbers, making them impossible to track.

She also discussed ensuring gun buyback programs result in the complete destruction of the firearms. A New York Times investigation found that Michigan State Police was the largest client of a company that destroys part of the firearms from law enforcement agencies while profiting off online sales of the remaining parts. Michigan State Police subsequently halted its contract with the company.

Brabec said the firearm safety caucus she leads has also discussed Michigan's "stand your ground" law that allows the use of deadly force any place someone has the legal right to be without imposing any "duty to retreat" so long as the person using such force is not committing a crime at the time and believes the use of force will prevent imminent death, bodily harm or sexual assault.

"That we still have that on the books, is problematic," said Brabec.

Brabec said eliminating the liability protection for firearm manufacturers and dealers also tops the list of her caucus' legislative priorities. During a committee hearing last year, Democratic lawmakers amended the safe storage legislation to include a removal of the immunity protection. But they later backtracked. Brabec listed changing Michigan's liability law among her caucus’ legislative priorities this year.

The caucus Brabec leads is open to all state House representatives from both parties, but its members only include Democrats, she said. Republicans, for their part, have backed legislation aimed at improving school safety and mental health support but have largely opposed new gun restrictions.

A potentially short window to take action on gun safety measures

Democratic lawmakers who want to continue the momentum on gun safety action cited the loss of a voting majority in the state House as a temporary obstacle. Special elections in April will decide who will fill two vacant seats in solidly Democratic districts, but for now the House is split 54-54.

State Rep. Penelope Tsnernoglou D-East Lansing, whose bill to raise the minimum age for purchasing firearms has yet to receive a hearing, said she feels a sense of urgency.

"I think that things are moving slowly. They are moving slowly forward which sometimes is the case with new laws. My personal preference would be to move forward more quickly. But I don't really personally have the ability to move these things any faster than they are," she said.

She said additional legislative action on gun safety will depend on the outcome of the November election this year, which will determine whether Democrats keep control of the state House in 2025.

Democrats' universal background check and red flag law bills passed on party-line votes, but some Republicans in the state House supported the firearm storage requirements. If new gun regulations face united GOP opposition, Democrats could potentially have until the end of 2024 to pass them before Republicans flip control of the state House.

"It's a tight window," said Rector-Brooks from March For Our Lives.

Some see action on gun safety as a winning issue in an election year, potentially inspiring additional legislative movement on new gun laws this year.

"I think gun violence prevention is a winning political issue," said Tanya Schardt, senior director of state and federal policy for the Brady Campaign to Prevent Gun Violence. "The policies work and we know that."

State Rep. Rachel Hood, D-Grand Rapids, who is currently working to move her legislation to establish a waiting period in Michigan said voters are clamoring for lawmakers to do more to tackle gun violence.

"This is a public health crisis, and I believe that many people in our community — including scores of people who are themselves responsible gun owners — believe that we can take more steps forward," she said.

Contact Clara Hendrickson:chendrickson@freepress.com or 313-296-5743. Follow her on X, previously called Twitter,@clarajanehen.