New Michigan gun safety laws go into effect Feb. 13
(CBS DETROIT) - Michigan's new gun safety laws, signed by Gov. Gretchen Whitmer in April 2023, will go into effect on Feb. 13.
These gun reform laws are among several other laws that take effect Tuesday.
This comes after Jennifer Crumbley was recently found guilty of involuntary manslaughter in the Oxford High School shooting, where her son killed four students and injured seven other people.
They were also signed into law a few months after three students were killed and others were injured in a shooting at Michigan State University on Feb. 13, 2023.
Here's more on the gun safety bills that were signed into law.
Senate Bills 79 & 80: Gun safe storage
Michigan residents will be required to keep firearms that are being stored or left unattended on premises unloaded and locked with a locking device, a locked box or container if it is "reasonably known" that a minor will be or could likely be present. The state's criminal code was also updated for gun safety storage for child access protection.
The Michigan Department of Health and Human Services sent out a release about the new gun laws and their importance.
"We want to make sure Michigan families are aware of the new law designed to prevent unintentional deaths involving guns and how to comply with the new requirements," said Elizabeth Hertel, MDHHS director. "Data shows firearms involved in unintentional firearm injury deaths among children and adolescents were often stored both loaded and unlocked, and children were most often fatally injured when the shooter was playing with or showing the firearm to others."
If someone does not properly store a gun and a minor obtains it, they will be held accountable for the crimes in the following ways:
- If the minor possesses or exhibits the firearm in a public place or possesses or exhibits the firearm in the presence of another person in a careless, reckless or threatening manner: a misdemeanor punishable by imprisonment for up to 93 days or a fine of up to $500, or both.
- If the minor discharges the firearm and injures themselves or another individual: a felony punishable by imprisonment for up to five years or a fine of up to $5,000, or both.
- If the minor discharges the firearm and inflicts serious impairment of a body function on themselves or another individual: a felony punishable by imprisonment for up to 10 years or a fine of up to $7,500, or both.
- If the minor discharges the firearm and inflicts death on themselves or another individual: a felony punishable by imprisonment for up to 15 years or a fine of up to $10,000, or both.
Senate Bills 81 & 82: Lower costs of gun safety devices
The cost of gun safety devices will be lowered for Michigan residents to ensure gun owners can safely store their firearms and keep them away from children.
House Bills 4138 & 4142: Universal background checks
This will require background checks for all firearm purchases.
Red flag gun laws
In addition to these gun safety laws, red flag laws will go into effect. Senate Bill 83 and House Bills 4146, 4147, and 4148 are the red flag laws and will allow people to petition a court for an Extreme Risk Protection Order. The court would determine if an individual posed a risk of injuring themselves or others and prevent them from possessing or purchasing a gun.
This will help prevent someone in distress from using a gun to hurt themselves or another person.
Domestic violence gun laws
Whitmer also signed bills into law that will prevent people who have been convicted of domestic violence from purchasing, owning or transporting guns for eight years after they were sentenced.
This is to help make sure that violent criminals will not be able to harm others, and to protect domestic violence survivors.
Response to new Michigan gun laws
Advocates of the new laws say these are changes that advocates have been hoping for.
"Taken together, these laws represent a sea change in Michigan's gun safety regime," said Ryan Bates, the executive director of End Gun Violence Michigan. "We've gone from being a laggard having not passed a gun safety law in 40 years to being a national leader."
Bates also told CBS News Detroit that he was pleased to see the safe storage law signed into law.
"In states where they've implemented a strong, safe storage law, youth firearm deaths went down 50%," Bates said. "So that that one intervention can have a huge impact on the lives of our children."
Rick Ector, a firearm trainer in Detroit, told CBS New Detroit that he is concerned about the new laws.
"All of them stand out to me in a negative fashion," Ector said. "I feel that they are against the natural, inherent, God-given rights that we have as, as citizens of this country."
Ector said that he doesn't think there needs to be universal background checks in Michigan.
"Well, it's already on the books that if you're going to purchase a firearm from an FFL, the Federal Firearms licensee, that a background check be performed," Ector said. "It really begs the question, do we really believe that people who are statutorily ineligible to own and possess a firearm, that they're going to subject themselves to a background check?"
What the MDHHS is doing about these gun laws
The MDHHS is working with Michigan Attorney General Dana Nessel's Office to give dealers the proper safety information on the use and storage of guns, along with the requirements and penalties of the new laws, to ensure they communicate the new updates with customers.
In addition, due to legislation, firearm safety devices will be exempt from sales use taxes through Dec. 24.
Residents can also get gun safety kits for free through Project Child Safe.
"The research underscores the crucial role safe firearm storage plays in safeguarding our children, families and communities," said Holly Alway, Safe Kids Michigan president and Safe Kids West Michigan Coalition coordinator. "Michigan's safe storage laws will help prevent tragic accidents like unintentional injuries, suicides and homicides. These laws prioritize safety and responsibility in every Michigan household and are a critical piece of a comprehensive and evidence-based approach to reducing firearm-related injuries and fatalities."
