Michigan House Bill HB4140

Michigan 2025-2026 Regular Session

• Introduced: 2/26/25
• Refer: 2/26/25

Caption

Civil procedure: injunctions; extreme risk protection order act; repeal. Repeals 2023 PA 38 (MCL 691.1801 - 691.1821). TIE BAR WITH: HB 4138'25, HB 4139'25

Impact

The repeal of the Extreme Risk Protection Order Act would significantly alter the legal landscape regarding gun control and public safety in Michigan. Without this law, individuals perceived as a danger would maintain access to firearms, which could potentially lead to increased risks of gun violence, particularly in domestic situations. The legal mechanism for emergency interventions will be removed, limiting the ability of families and authorities to protect at-risk individuals and the public from potential harm.

Summary

House Bill 4140 seeks to repeal the Extreme Risk Protection Order Act, 2023 PA 38, which was designed to allow for the temporary removal of firearms from individuals deemed to be a risk to themselves or others. This repeal would eliminate the legal framework that enabled courts to issue orders for the surrender of firearms based on emergency petitions from family members or law enforcement. Proponents of the repeal argue that the act infringes on individual rights and due process, while opponents suggest that it is a necessary measure to enhance public safety.

Contention

The debate surrounding HB 4140 is likely to be contentious, as it aligns with broader national discussions on gun rights and public safety. Supporters of the repeal emphasize personal freedoms and the principle of due process, arguing that the previous law could lead to the unjust confiscation of firearms without adequate evidence. On the other hand, advocates for gun control express concerns about the implications for community safety, warning that repealing this act could exacerbate issues related to mental health crises and gun violence.