Beeler criticizes due process violations
State Rep. Andrew Beeler on Thursday opposed partisan legislation that would let the state government violate fundamental due process protections and confiscate weapons from law-abiding gun owners.
The bills would create extreme risk protection orders (ERPOs), also known as red flag orders, to seize weapons from any individual who others say is likely to injure themselves or another person with a firearm. Beeler, R-Port Huron, criticized the broad discretion that the bills would give courts to confiscate firearms from mentally sound, law-abiding individuals based on very little evidence. He also raised concern that the bills provide no right to counsel for the defendant and in some cases guarantee no right to a hearing or a psychological evaluation before the court issues an order and a person’s guns are seized.
“Red flag laws are an unprecedented change to how our legal system operates. They allow the courts to take away, by government fiat, a law-abiding citizen’s property and right to self-defense, when the person has committed no crime — and without any other substantiated cause,” said Beeler, R-Port Huron. “Michiganders do not want our government to take away rights based on mere suspicion. This red flag legislation would circumvent fundamental due process rights to go after people’s right to bear arms. I voted to protect the rights of the people of Michigan.”
The bills passed on partisan lines with all Democrats voting in favor to achieve a one-vote passing margin.
“The budget process is out of control. We are spending more and more money and are giving people less and less transparency. This is exactly why people do not trust government,” said Beeler, R-Port Huron.