When Michigan Democrats pushed through a red flag law in 2023, the nonprofit Great Lakes Gun Rights warned it would result in legal gun owners losing their rights.

Roughly a year after the law went into effect, an investigation by The Detroit News reveals that’s exactly what’s happening.

Data from the Michigan State Police shows the law that allows police, medical professional or family to petition a judge to confiscate firearms for individuals believed to be a risk to themselves or others resulted in 321 emergency risk protection orders between Feb. 13, 2024 and Feb. 6, 2025.

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In numerous cases, the orders involved minors as young as 6 years old, resulting in the removal of weapons from their family home, despite the fact that minors can’t legally own firearms.

“This was a concern of ours … that anyone in the same household of someone subjected to the order is going to have their rights violated, as well,” GLGR Executive Director Brenden Boudreau told The Midwesterner.

“This is the kind of stuff we knew was going to happen,” he said, adding Democrats refused to allow gun rights advocates to highlight the issue and others during committee hearings in 2023. “Kids that young can’t own firearms, so you’re essentially red flagging a whole household. There are multiple people getting their rights violated when these orders are put out.”

“One of the issues with this law isn’t just the rights of the respondent of these orders, but it’s also the rights of the individuals they live with,” said Tom Lambert, legislative director for Michigan Open Carry.

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In one case, a Northville Township 6-year-old experiencing mental health issues alleged he had access to firearms, while another involved a 10-year-old in the same township who “made threats to shoot another student in school and indicated he has access to weapon(s) which is unsecured and is located in the basement of the minor’s home,” according to state police records cited by The News.

Guns were also confiscated from the home of an 8-year-old in Alger County who threatened to kill and attack law enforcement, despite assurances from the boy’s mother her firearms were “locked up.”

Judges have also signed extreme risk protection orders for individuals at Michigan’s largest universities, as well as Detroit police officers facing domestic violence allegations, according to The Detroit News.

“It’s getting wild,” Boudreau said, noting the vast majority of orders were granted ex-parte, meaning they were approved by judges before those involved were given an opportunity to present their case.

“That’s problematic, too, from a due process point of view,” he said.

A separate Bridge Michigan analysis of red flag data from Feb. 13 through Dec. 31 found 73.4% of orders requested were issued, while 21.48% were denied, 1.53% were dismissed, 2.05% were rescinded, and 1.53% remained open. At least seven cases involved minors.

“It looks, to me, like it’s working exactly the way we intended,” state Rep. Kelly Breen, D-Novi, told Bridge.

Out of 384 requests reviewed by the news site, 237 were granted ex-parte, and 111 involved “immediate emergency” requests from law enforcement.

State Sen. Mallory McMorrow, D-Royal Oak, a sponsor of the red flag legislation, told The News Democrats purposefully crafted the law to allow police to confiscate weapons from parents, even when they’re not named in an order.

“That aspect, particularly related to juveniles, was something we were very intentional about and sets Michigan’s law apart from other states,” she said. “I don’t think mental health issues or violence issues judge by age.”

Democrats lost their government trifecta in November, when voters elected a Republican House majority that took over in January.

Last week, state Rep. James DeSana, R-Carleton, introduced a bill package – House bills 4138-4140 – to repeal the red flag laws, though the legislation is not likely to pass the Democrat controlled Senate.

“The removal of due process is unconstitutional,” DeSana said in a statement. “No one should lose their rights without the chance to defend themselves in court. We need to act and restore the rights of Michiganders by overturning these awful policies.”

The red flag law also faces a legal challenge from Great Lakes Gun Rights and Michigan Open Carry over unfair hearings in 2023 that violated the state’s Open Meetings Act by blocking gun rights advocates from testifying.

“The judge noted … it’s clear the legislature violated the Open Meetings Act,” Boudreau said. “We have another hearing in April on it.”

In the meantime, gun rights advocates are working to raise awareness about the impact of the new law, both with the public and lawmakers in Lansing, regardless of whether DeSana’s bills face certain death in the Senate.

“What we’re pushing lawmakers to do is hold hearings on” HBs 4138-40, Boudreau said. “These red flag laws when they were passed in 2023 did not have fair hearings.”