Michigan Red Flag Report Exposes Serious Threats to Due Process and Second Amendment Rights

Michigan Police Departments have been using "Red Flag" laws at an ever increasing rate

A newly released report from Michigan’s judicial branch is shedding light on the real-world impact of red flag laws—and the findings should concern anyone who values constitutional rights. The 2025 annual report on Michigan’s Extreme Risk Protection Order Act reveals just how frequently the state is stripping citizens of their Second Amendment rights without due process.

Rights Removed Without a Hearing

At the core of Michigan’s red flag law is the ability for courts to issue firearm confiscation orders ex parte—meaning without notice, without a hearing, and without the accused having any opportunity to defend themselves.

In many cases, individuals are not accused of committing a crime. Instead, their rights can be suspended based on allegations and subjective claims, often supported by vague or loosely defined standards of evidence.

In practical terms, that means law enforcement showing up at someone’s home to seize firearms may be the first time that individual even learns their rights were in jeopardy. That is not due process. That is punishment before a defense is ever allowed.

The Numbers Tell the Story

Michigan’s own data makes the situation clear. According to the 2025 report:

• 89% of all confiscation orders were issued ex parte

• 459 requests were made for orders without notice

• Only 78 requests were denied—an approval rate of roughly 83%

• Ex parte orders increased more than 30% compared to 2024

These are not rare, emergency-only tools. They are becoming the default method for removing constitutional rights in the state.

Orders Issued Against Children

Perhaps most alarming is how broadly Michigan’s law can be applied. The statute allows red flag orders to be issued against minors, and its definition of “possession or control” is so expansive that it enables the confiscation of firearms from people who are not even the subject of the order.

Reports indicate that the law has been used in cases involving children as young as six, eight, and ten years old. In these situations, firearms owned by parents or guardians can be seized simply because a child in the home is named in an order. One Michigan lawmaker even confirmed that this outcome was intentional—allowing authorities to confiscate firearms from families regardless of actual ownership.

Troubling Disparities

The report also raises additional concerns about how these orders are applied. Among cases where race was identified:

• 91% of petitioners (those requesting the order) were white

• But nearly 34% of respondents (those targeted by the order) were black

While the report does not provide full context, the disparity is significant enough to raise serious questions about consistency and fairness in enforcement.

A Warning for the Rest of the Country

Michigan’s red flag law is not unique. Similar laws are being pushed—and passed—across the country, including efforts here in Minnesota. What Michigan’s own data shows is that these laws are not narrowly used tools for extreme situations. Instead, they are increasingly being used as a routine mechanism to remove rights first and sort out the facts later.

At 2 If By Sea Tactical, we believe in both safety and liberty—but one should never come at the expense of the other. The Constitution guarantees due process for a reason. Rights are not supposed to be suspended based on accusations alone, without notice, and without the opportunity to be heard. Michigan’s report is a stark reminder of what happens when that principle is ignored—and why Americans must remain vigilant as similar policies continue to spread.

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