This month, Michigan’s judicial branch released the 2025 edition of its annual report on the state’s Extreme Risk Protection Order Act, commonly known as the red flag gun confiscation law. The report offers a revealing look at how frequently Michigan residents’ Second Amendment rights are being curtailed without traditional due process protections.
Like similar laws enacted in other states, Michigan’s statute allows courts to issue firearm confiscation orders ex parte, meaning the order can be granted without notifying the individual involved or giving them an opportunity to defend themselves in court. A person targeted by such an order does not need to be charged with a crime, and the evidentiary standards required to justify confiscation are often vague and broadly defined.
In many cases, the first time someone learns that their rights have been restricted is when law enforcement arrives at their home to seize firearms. There is no prior hearing, no advance warning, and no immediate opportunity for the individual to present evidence or challenge the claim.
Michigan’s law contains particularly controversial provisions. As the NRA’s Institute for Legislative Action previously noted, the statute allows orders to be issued against minors, employs an expansive definition of “possession or control” of a firearm, and permits the seizure of firearms belonging to people who are not the actual subject of the order.
According to reporting from The Detroit News, the law has already been used against children as young as six, eight, and ten years old. When an order is issued in the name of a minor, firearms located in the family home can still be confiscated because the law broadly defines possession or control. One Michigan legislator acknowledged this feature of the law, explaining that it allows officers to seize unsecured firearms from parents or guardians even though the order itself is issued against the child.
The 2025 report also highlights how frequently these orders are issued without prior notice. Of the confiscation requests filed, 89 percent were granted ex parte. Courts received 459 requests for orders without notice, and only 78 were denied. Compared to 2024, the number of ex parte orders increased by more than 30 percent.
The report also includes demographic data that may raise additional questions. Among cases where the petitioner’s race was recorded, 91 percent were white and 7 percent were black. Among respondents whose race was known, 64 percent were white while nearly 34 percent were black.
Taken together, Michigan’s latest annual report illustrates how red flag laws can allow governments to restrict firearm rights without traditional due process safeguards, a reality that continues to fuel debate over the constitutionality and fairness of such policies.
