Buckeye Reporter

A series of incidents involving young children and their interactions with school authorities have raised questions about the implications of "red flag" laws, particularly in Michigan. These laws allow for the issuance of restraining orders to prevent individuals deemed a risk from accessing firearms. However, their application to minors has sparked debate.

One notable case involved a 7-year-old boy who was suspended for shaping his breakfast pastry into a gun and pretending to fire it at classmates. The school's action was contested by the child's parents through legal proceedings, which took three years to resolve.

In another instance, a 10-year-old was suspended for using his finger as a "lookalike firearm." Similarly, kindergartners faced suspensions for bringing toy bubble guns to school, with one case leading to a psychological evaluation despite the therapist finding no harmful intent.

Michigan's "red flag" law allows courts to issue extreme risk protection orders without prior notice or opportunity for the subject to respond. The law can apply even if firearms are not directly owned by the minor but are accessible within their home environment. A report indicated that most orders against adults were issued ex parte and included minors in some cases.

The Detroit News reported on instances where these laws affected children as young as 6, 8, and 10 years old. In these cases, firearms at family homes were subject to confiscation regardless of ownership due to an expansive definition of "possession and control."

While schools argue that disciplinary actions address inappropriate behavior effectively, critics highlight concerns over due process protections and the potential misuse of red flag laws as search tools beyond their intended scope. The American Civil Liberties Association (ACLU) has expressed opposition due to such possibilities.

Despite legislative reforms increasing the age considered adult under Michigan's criminal justice system from 17 to 18 years old, these do not apply in civil contexts like red flag orders. Critics argue that such measures escalate disciplinary issues towards solutions meant for adults without addressing underlying behavioral problems.

The National Rifle Association's Institute for Legislative Action emphasizes skepticism towards red flag orders targeting parental rights through children's actions. They suggest this undermines common ground in gun debates by bypassing more appropriate public health interventions.