Democrats underscore benefits of red flag laws as attorney general candidates split on their use

Lawmakers and gun violence prevention advocates defended Michigan’s red flag laws on Tuesday, joining the Democratic nominee for attorney general, Eli Savit, in advocating for additional education and other measures to prevent gun violence in the state.

During the virtual press conference, the speakers detailed the differences between Savit, who testified in favor of red flag laws when they were under consideration by the state Legislature, and Eaton County Prosecutor Doug Lloyd, the Republican AG nominee, who has raised due process concerns about the laws, which allow courts to issue an order temporarily barring individuals from buying or possessing guns if they are at risk of harming themselves or others.

The bills passed in 2023 alongside other measures aimed at preventing gun violence. While the red flag laws create a legal structure for courts to issue Extreme Risk Protection Orders, Michigan Gov. Gretchen Whitmer also signed off on legislation demanding universal background checks for firearm sales and setting safe storage requirements for guns and ammunition.

In 2025, 514 Extreme Risk Protection Orders to confiscate guns were requested under the state’s red flag law and 407 were issued. State Rep. Kelly Breen (D-Novi), who sponsored one of the bills in the package, said the way these laws are being utilized is largely in line with what the sponsors expected.

“Officers are using this as a tool to resolve crises, and we are even seeing certain law enforcement officers who have said they’d like to see this law repealed initially, they are now using this law to save lives,” Breen said. 

She explained that the people whose weapons are confiscated have a right to a hearing to ask the court to end the order, and officials have not seen anyone charged with filing a false petition.

While Breen noted how red flag laws can be used to prevent suicide by removing a weapon in the midst of a crisis, state Sen. Stephanie Chang (D-Detroit) noted how they can be used to protect victims of domestic violence, as access to a firearm makes it five times more likely that an abusive partner will kill their female victim.

They are also an important tool supplementing personal protection orders, and can be key for ensuring the safety of someone looking to leave their abuser, Chang said. 

However, Extreme Risk Protection Orders are only useful if someone knows about the law and seeks help to file the petition, Chang said.

If elected as attorney general, Savit said he would defend the state’s red flag laws. He also pledged to work with lawmakers to pass additional measures to prevent violence before it occurs and to ensure everyone in the state knows about them.

On his candidate page on the Michigan Republican Party website, Lloyd states that he would “work with the Governor and the Legislature to repeal Michigan’s red flag laws and replace them with approaches that respect due process while addressing legitimate public safety concerns.”

Savit said he didn’t understand Lloyd’s concerns, noting that Michigan’s law was modeled after legislation that was upheld in other parts of the country.

“We have not seen any real documented abuse of these laws,” Savit said. “But what we have seen is a fair judicial process: guns temporarily removed from the hands of those who might be reasonably expected to cause harm with them, and judges denying them when the evidence simply isn’t there. That’s process.”

In a statement to Michigan Advance, Lloyd spokesman Keith Schipper reiterated Lloyd’s belief that the way Michigan’s red flag laws are written infringes upon Michigander’s constitutional rights.

“As Attorney General, he will work with stakeholders, advocates, and lawmakers from both sides of the aisle to pass a law that protects victims and constitutional rights,” Schipper said. “But let’s be clear: Doug will enforce laws, like this red flag law, that he personally disagrees with, and he has signed warrants as Eaton County Prosecutor to enforce red flag laws. This is in stark contrast to his opponent who legalized hallucinogenic drugs, ended cash bail, and ignored the pleas of human trafficking victims when he decriminalized prostitution.”

Savit previously told Bridge Michigan he did not intend to bring the policies he adopted to the local level to the rest of the state, saying those decisions should be made by local prosecutors.