The State of GVP in Michigan

Where we are now and a bit about how we got here

By: Sonya Lewis, MD, MPH

Two months after the mass shooting at Michigan State University in which three students were killed and five were wounded, and a little over one year following the Oxford High School shooting in which four students were killed and seven people were wounded, Michigan’s Governor Gretchen Whitmer signed safe storage and universal background checks bills into law. Additionally, extreme risk protection order legislation recently passed in both the House and Senate, and Governor Whitmer is expected to sign this into law as well.

Looking only at this piece of the timeline, it may appear that things have moved quickly in the Great Lakes State. However, in truth, the path to progress has been decades in the making with growing calls for sensible gun legislation halted by a state legislature that would not even give these bills a hearing, much less a vote. Hence, these recent developments represent an historic transformation in Michigan’s response to gun violence.

The state of Michigan is no stranger to gun deaths and injuries. In a 2022 summary report, the Center for American Progress found that on average a Michigander is killed every eight hours and non-fatally injured every two hours.

CDC data from 2021 shows that Michigan’s firearms death rate is 15.36 per 100 thousand, just slightly above the national firearms death rate of 14.71 per 100 thousand. 

Michigan has also experienced political intimidation by armed extremists. In 2020, a group of such individuals pushed their way into the Michigan state Capitol in reaction to Governor Whitmer’s Covid-19 emergency orders. The governor herself was the target of a notorious failed kidnapping plot.

Michigan has historically been one of the most gerrymandered states in the nation, where Republicans maintained control over the state’s legislature irrespective of the overall popular vote. In 2018, 61% of Michigan voters voted to adopt an anti-gerrymandering ballot initiative which amended the state’s constitution and led to the creation of an independent citizens’ redistricting commission. The commission redrew voting districts in a manner that was far more reflective of the state’s overall composition, resulting in a monumental shift in Michigan’s political landscape.

Governor Gretchen Whitmer

In 2022, for the first time in nearly 40 years, Democrats won control of the legislature. This, in concert with the support of Governor Whitmer, set the stage for the advancement of long pursued gun safety priorities. Had it not been for the work of the independent commission, the will of Michigan voters, who overwhelmingly support gun safety initiatives, would have been suppressed once again. 

Michigan’s new guns safety laws will take effect 90 days following the end of the current legislative session.

Once enacted, background checks will be required for the purchase of all firearms whether purchased through a federally licensed dealer or through a private sale. Previously, individuals purchasing long guns via private sale were not subject to background checks.

When the new safe storage legislation is enacted, a responsible adult may be charged with a felony punishable by up to 15 years imprisonment and/or a $10,000 fine if a minor uses an improperly stored gun to kill themselves or another person. If a minor uses an improperly stored gun to non-fatally injure someone, the responsible adult may face a felony charge of up to ten years imprisonment and/or a fine of up to $7,500, depending on the severity of the injury inflicted. Of note, the new law will exempt gun locks and other gun safety devices from sales tax. 

Once enacted (provided it is signed into law as expected), extreme risk protection order legislation (ERPO) will enable specified individuals including family members, current and former spouses, dating partners, mental health professionals, and members of law enforcement to petition a court to request the temporary removal of firearms from individuals deemed to pose immediate risks to themselves or others. There are penalties built into the law to prevent individuals from fabricating information as the basis of a petition. Furthermore, any person who is served with an extreme risk protection order will have the opportunity to contest it. 

Despite Michiganders’ wide support for these policies, they continue to face significant opposition, and there are real concerns about how effectively the laws will be enforced.

At least 53 of Michigan’s 83 counties have declared themselves “Second Amendment Sanctuaries,” via local resolutions that while not legally binding, nevertheless reveal deep rooted resistance. Case in point, by a vote of 9-0, the Livingston County Board of Commissioners recently voted to defy extreme risk protection orders, in anticipation of the likely passage of the red flag law.

In an inflammatory expression of defiance, the official Twitter account of the Michigan Republican Party shared a meme comparing safe storage requirements to Nazism after the House passed safe storage bills. Following sharp criticism for this deeply offensive rhetoric, Michigan GOP Chairwoman Kristina Karamo doubled down on the messaging. 

While it is generally understood that no single piece of legislation or package of bills will prevent all gun deaths and injuries, the bills under consideration in Michigan are an important first step in saving lives.

It is possible that the fifteen-year-old shooter who killed four of his classmates at Oxford High School (with a gun his parents gifted him) may not have been able to perpetrate his massacre had a safe storage law been in effect. Similarly, had an ERPO law been in effect prior to the Michigan State University shooting, the perpetrator — who was known to have a troubled background and a history of a prior firearm related offense — may have been prevented from obtaining his murder weapon. 

It is heartening that after decades of inaction, conditions in Michigan are finally favorable to the passage of sensible, life-saving laws; however, it is heartbreaking that countless human lives have been sacrificed in the lead up to this point. It is only through overwhelming and persistent public demand for an end to relentless bloodshed, coupled with a political landscape that more accurately reflects the will of Michigan voters, that the legislative arc of the state’s universe has finally bent toward progress. 

Sonya Lewis, MD, MPH, is a Michigander, a mother, and a psychiatrist who currently serves as vice president of the board of Physicians for the Prevention of Gun Violence, a Michigan based gun violence prevention organization. Any opinions expressed or implied in this piece are her own.

Image of the Michigan State Capitol by Jason Gillman from Pixabay; image of Governor Whitmer via her official Facebook.