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Safe Storage and Red Flag Laws
RELEASE|March 21, 2023
Contact: Josh Schriver

Dear Neighbor,

This week, I will give you insights into a few bills coming up for vote.  My mission is to give you visibility into what transpires in Lansing and how I plan to address these issues.  My hope is that these insights give you an idea of what is happening before it happens.  In future emails, I look forward to detailing how you can learn more about which bills are drafted and how to impact decision-makers across the State.  Unfortunately, we are not made aware of what bills will be up for vote until the day of, most times. So, in my best educated guess, these are a few of following bills may soon be up for vote, along with my initial rationale:

Senate Bill 147:  Bill to Require Employers to Fund Abortion Coverage

According to the Michigan Catholic Conference, this bill would force some employers to pay for elective abortions as part of their employee benefit plans.  This violates the Constitutional “Right to Exercise Freedom of Religion.”  In this bill, there would be no exception for religious employers or employers who have a conscience objection to abortion.[1]

Some religious business owners in this state have strong convictions regarding abortion being the equivalent of murder.  This bill forces these types of individuals to either comply with this mandate (and violate their religious convictions) or risk legal action.  This bill violates the Constitution because it violates Freedom of Religion. 

Safe Storage Laws

There are already laws in place that prohibit reckless behavior with firearms around children, including child endangerment statutes, criminal negligence and reckless handling of firearms.  

Also, the Supreme Court ruled in District of Columbia v. Heller that a law prohibiting residents from keeping a loaded, functional firearm ready for self-defense is not Constitutional. 

Safe storage laws can often create more problems than they solve.  One example:  California’s Safe Storage Law failed to prevent a crime and caused the death of two innocent children.  Here’s what happened:

Jessica Carpenter was at home babysitting in Merced, California.  The firearm was locked up due to California’s Safe Storage Laws. 

A criminal slipped inside the home when the parents were away and began attacking the children.

Jessica (14) knew how to use a firearm.  The problem?  Jessica could not adequately access the firearm quickly enough to lawfully defend herself.

She could not call 9-1-1 because the intruder cut-off her access to a phone line.  Her Uncle, Reverend Hilton said, “If only [Jessica] had a gun available to her, then she could have stopped the whole thing. If she had been properly armed, she could have stopped him in his tracks.”

Extreme Risk Protection Orders

Two former sheriffs, a former judge and an attorney in the legislature all oppose Red Flag Laws due to their failure to respect the “Right to Due Process.” As outlined in our Constitution, proper Due Process requires a trial-by-jury beforehand; not after gun confiscation. 

Also, a Bridge Michigan article outlines a few other issues with Red Flag Laws:

  • In evaluating the effectiveness of these Red Flag Laws in 20 States, the publication has found police officers rarely enforce them due to their unconstitutionality. [2]
  • Even some supporters of extreme risk protection orders say the effectiveness of Red Flag Laws is hard to measure, as there is very little research to show these laws work.
  • Many citizens may not be able to afford costly attorney fees to contest the court order.
  • More than half of the County Sheriffs in Colorado do not enforce the state’s red flag laws. [3]

Many “extreme risk protection orders” allow the government to confiscate firearms from an individual without prior notice ever giving them notice or the opportunity to defend themselves against the accusation before confiscation. 

[1] Michigan employers forced to pay for abortions in bill fast-tracked by Michigan Senate – Michigan Catholic Conference – March 16, 2023

[2] Do red flag gun laws work? Answer unclear as Michigan eyes reform – Bridge Michigan – March 20, 2023

[3] Do red flag gun laws work? Answer unclear as Michigan eyes reform – Bridge Michigan – March 20, 2023

Your feedback is extremely important to me.  Please reach out to me through phone/email/letter with any desires and concerns you have related to the full scope of my position as your State Representative!

Sincerely,
Josh Schriver

State Representative
Michigan House District 66

CONTACT REPRESENTATIVE SCHRIVER
(517) 373-0839    
[email protected]
www.RepSchriver.com

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