HOLTON TOWNSHIP, Mich. — A small community in Muskegon County is taking action in the wake of Michigan Governor Gretchen Whitmer signing a series of bills that enact a protocol to seize firearms from individuals deemed possible threats.
In May, Governor Whitmer signed SB 83, HB 4146, HB 4147 and HB 4148.
The bills create a protocol for family members, law enforcement, medical professionals and others to seek a court order for what is called an extreme risk protection order against someone they believe poses an immediate threat to themselves or others, and have any firearms in their possession taken away.
According to the final version of SB 83, a request for such an order would have to be filed in the family division of a circuit court. Somebody seeking out an order would be required to file a complaint and summons.
"The complaint must state facts that show that issuance of an extreme risk protection order is necessary because the respondent can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself or another individual by possessing a firearm, and has engaged in an act or acts or made significant threats that are substantially supportive of the expectation," the bill reads.
The person petitioning for the order is asked to designate whether the person they are seeking the order against is "an individual who is required to carry a pistol as a condition of the individual’s employment and is issued a license to carry a concealed pistol."
On November 14, Holton Township passed a resolution deeming it a Second Amendment sanctuary township.
While that move was a symbolic gesture to voice their opposition to the new regulations, they added on an addendum— the township formed a militia.
“There are people here that think it's gonna increase violence, it's gonna make everybody scared of Holton Township, and it makes a bad light of us and everything else, but that is not our intent,” Township Manager Alan Jager told FOX 17 Wednesday.
“I don't want anybody to think we're going to be running around town with guns. I don't want them to do that under any circumstances.”
Jager says they have no plans to establish a truly on-the-ground armed militia in Muskegon County, but says there will be safety protocols in place to join on paper.
"You can't get in the militia if you cannot pass a federal background check— both mental and a felony conviction," Jager explained.
He says this is by no means an invitation for unlawful behavior in the township.
“Anything that the state or federal government passes, I'm telling you, you can't come to Holton and think you're gonna get away with something...No, you're going to jail,” he added.
He says they formed the militia in an attempt to protect those citizens of Holton Township who could be targeted by an extreme risk protection order in the future.
The hope is to provide people with more of a semblance of due process when facing the prospect of having their firearms seized.
"If you go to court, [you can say] I have a right to these guns because I need them to protect myself and to protect my community," Jager said Wednesday.
"Then you can maybe have a jury of your peers, or at least have a lawyer present and try to explain your case...my neighbor just don't like me, so he called on me and now I'm gonna lose my guns."
He believes this approach could help protect the Second and Fifth Amendment rights of those in his jurisdiction.
Of course, it remains to be seen how these new regulations will be enforced. There are questions about how they will be applied in practice.
The new regulations are set to take effect at some point in February.
There are questions swirling around how these new regulations will be applied in practice— portions will surely have to be tested by a court of law in the future.
Even Jager, who does not consider himself an "avid supporter" of firearms, believes these types of regulations could be beneficial in reducing gun violence in portions of the state, just not Holton Township and certain other rural communities.
"Maybe you are helping Muskegon, maybe you are helping Detroit, but you're definitely hurting rural America," Jager said.
He isn't entirely sure that this approach will hold up at the end of the day, but is hopeful it will give people who are wrongly targeted for an extreme risk protection order more of a chance to defend their rights.
"This township certainly doesn't want anybody who's mentally ill to have a gun, or if you're a felon, same thing," he explained.
"But, people that are legal, law abiding citizens should be able to have the right to have their own gun."
You can read through the full act HERE.
