Red Flag Rules for Extreme Risk Protection Orders-Firearms Act

Red Flag Rules for Extreme Risk Protection Orders-Firearms Act

Michigan Supreme Court – These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act. Red Flag Laws.

Effective February 13, 2024

On February 6, 2024, the Michigan Supreme Court issued ADM File No. 2023-24, which adopts amendments to MCR 3.701 and the addition of MCR 3.715, .716, .717, .718, .719, .720, .721, and .722, effective February 13, 2024.

These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act, the Code of Criminal Procedure, and the Revised Judicature Act in May of 2023.

  • MCR 3.715 Definitions. Several terms are defined within this rule, including “complaint,” “existing action,” “minor,” “petitioner,” and “respondent.” In addition, MCR 3.715 indicates that the terms “dating relationship,” “possession or control,” “family member,” “guardian,” “health care provider,” “law enforcement agency,” and “law enforcement officer,” mean those terms as defined in MCL 691.1803.
  • MCR 3.716 Commencing an Extreme Risk Protection Action. An extreme risk protection action is an independent action commenced by filing a complaint with the family division of the circuit court. A complaint may be filed regardless of whether the respondent owns or possesses a firearm and must be prepared on a form approved by the State Court Administrative Office and submitted with the complaint. An extreme risk protection action may only be commenced by
    • the spouse or former spouse of the respondent;
    • an individual who has a child in common with, has or has had a dating relationship with, or resides or has resided in the same household as the respondent;
    • a family member;
    • a guardian of the respondent;
    • a law enforcement officer; or
    • a health care provider, under certain circumstances.

MCR 3.716 also details requirements for the complaint, a complaint against a minor, and venue.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

  • MCR 3.717 DismissalsExcept as otherwise specified in the rules, an action for an extreme risk protection order (ERPO) may only be dismissed upon motion by the petitioner prior to the issuance of an order.
  • MCR 3.718 Issuing Extreme Risk Protection OrdersExcept as otherwise provided in the rule, the court must rule on a request for an ex parte order within one business day of the filing date of the complaint and must expedite and give priority to ruling on a request for an ex parte order. MCR 3.718 also specifies the factual requirements for granting an ex parte order as well as the procedures for immediate emergency ex parte orders, an anticipatory search warrant, and hearings. The court must expedite and give priority to hearings required by the extreme risk protection act and must schedule a hearing for the issuance of an ERPO under certain circumstances detailed in the rule.
  • MCR 3.719 Orders. This rule details the form and scope of an order and stipulates the respondent’s response requirements, along with restrictions on concealed weapons and the process for surrendering firearms. Service, notice, and clerk of the court responsibilities are also covered in MCR 3.719.
  • MCR 3.720 Modification, Termination, or Extension of OrderThe petitioner may file a motion to modify or terminate the ERPO and request a hearing after the order is issued. The respondent may file one motion to modify or terminate an ERPO during the first six months that the order is in effect and one motion during the second six months that the order is in effect.
  • MCR 3.721 Contempt Proceedings for Violation of Extreme RiskIn general, an ERPO is enforceable under MCL 691.1810(4)–(5), 691.1815(4), and 691.1819(4)MCR 3.721 outlines the guidelines for motions to show cause, service, search warrants, arraignment, pleas of guilty, scheduling or postponing hearings, prosecution after arrest, and violation hearings.
  • MCR 3.722 Appeals. Appeals must generally comply with subchapter 7.200. Either party has an appeal of right from
    • an order granting, denying, or continuing an ERPO after a hearing under MCR 3.718(D); or
    • an order granting or denying an extended ERPO after a hearing under MCR 3.720(B).

The respondent has an appeal of right from a judgment of sentence for criminal contempt entered after a contested hearing.

The respondent has the lawful right to appeal a judgment of sentence for criminal contempt entered following a contested hearing.

Chief Justice Clement concurred with the proposed adoption of the ERPO court rules, but she wrote separately to address her concerns regarding inconsistent legal terminology used in the Extreme Risk Protection Order Act..

Among other linguistic inconsistencies, she emphasized that the Act “requires an individual to file “a summons and complaint” to initiate an ERPO action” but the nature of ERPO actions is consistent with that of a petition—not a complaint.

The Michigan Supreme Court has developed a range of SCAO forms aligned with the ERPO, showcasing their commitment to effective legal documentation.:

See the Court’s February 7, 2023 memorandum for more info.

 Court Form Information

https://www.courts.michigan.gov/4908b5/siteassets/forms/scao-approved/recent-revisions/eoc_erpo.pdf

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Synthetic Marijuana (Synthetic Cannabinoid Homologues)

Synthetic Marijuana (Synthetic Cannabinoid Homologues)

Spice/ K2, Synthetic Marijuana

What is Spice/ K2, Synthetic Marijuana?

K2 and Spice are just two of the various trade names or brands for synthetic designer drugs that aim to replicate THC, the primary psychoactive component of marijuana. These designer synthetic drugs belong to the synthetic cannabinoid class and are commonly marketed and sold under the pretense of being “herbal incense” or “potpourri.

These products are unfortunately being misused for their psychoactive effects and are sold without any information regarding their potential health and safety risks.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Street Title

Spice, K2, RedX Dawn, Paradise, Demon, Black Magic, Spike, Mr. Nice Guy, Ninja, Zohai, Dream, Genie, Sence, Smoke, Skunk, Serenity, Yucatan, Fire, Skooby Snax, and Crazy Clown.

How is it abused?

Spraying or mixing the synthetic cannabinoids on plant material provides a vehicle for the most common route of administration – smoking (using a pipe, a water pipe, or rolling the drug-laced plant material in cigarette papers). In addition to the cannabinoids laced on plant material and sold as potpourri and incense, liquid cannabinoids have been designed to be vaporized through both disposable and reusable electronic cigarettes.

What are its effect on the body?

State public health and poison centers have issued warnings in response to adverse health effects associated with abuse of herbal incense products containing these synthetic cannabinoids. These adverse effects included tachycardia (elevated heart rate), elevated blood pressure, unconsciousness, tremors, seizures, vomiting, hallucinations, agitation, anxiety, pallor, numbness, and tingling. This is in addition to the numerous public health and poison centers which have similarly issued warnings regarding the abuse of these synthetic cannabinoids. In some instances, the adverse health effects can be long-lasting even after the user quits using the substances.

Is K2 / Spice / Synthetic Marijuana Legal in Michigan?

In October 2010, seven artificial marijuana chemicals (JWH-015, JWH-018, JWH-073, JWH200, JWH-250, CP-47,497, HU-210) were made illegal in Michigan with penalties similar to marijuana possession (yeah they can still get ya in 2024 for weed)

5 Products that contain one or more of these chemicals are illegal.

However, as new formulas or versions of these drugs are marketed, they may contain chemicals not covered by the current law.

What if I have more questions?

The Michigan PCC is open 24 hours a day, 7 days a week to answer medical questions or concerns related to poisoning events. The PCC Help Hotline is: 1-800-222-1222.

If you got into a situation with the law then you want to call our number (248) 357-2550

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Laws passed by Michigan lawmakers in 2023 will take effect

Laws passed by Michigan lawmakers in 2023 will take effect

Several new laws passed by Michigan lawmakers in 2023 will take effect on Tuesday, Feb 13, 2023

Making use of the first combined Democratic majority in the state House, Senate, and governor’s seat in decades, legislators have the numbers and have successfully approved by a wide range of bills from their agenda.

As we move into February 2024, we look at the implementation of significant laws, regulations and loss pertaining to gun safety, the minimum wage, LGBTQ+ protections, the “right-to-work” policy, and more.

This progress reflects the power of our elected officials hold to create their vision of a more inclusive, divided and forward-thinking society. Several of these new laws will take effect on Feb. 13, 2024, unless otherwise noted.

Gun Laws

Following mass shootings state lawmakers quickly passed a series of bills related to firearms in an effort to address gun violence.

Lawmakers aimed to address the issue of gun violence with a comprehensive approach, passing legislation that encompasses a red flag law, requirements for firearm storage, and universal background checks for purchasing firearms.

These bills, all successfully passed and signed into law by Gov. Whitmer, cover various aspects of these vital topics, with the exception of one bill related to red flag laws.

Here’s what’s taking effect

Red Flag Laws

Several bills were passed in Michigan to establish extreme risk protection order laws, also known as red flag laws.

These laws were manifested to help prevent a person in distress or crisis from using a firearm to harm themselves or others.

The laws don’t seek to take firearms away from gun owners who aren’t dangerous or in distress as defined by…

Bills

Firearm Storage Laws

Law abiding Michigan citizens will now be required to keep a firearm stored or unattended on a premises unloaded and locked, either with a locking device or stored in a locked container, if it is “reasonably known that a minor is or is likely to be present on the premises.”

There are a variety of penalties for violating this requirement.

Bills: 

Gun Safety

The costs of gun safety devices will be lower to allow access products needed to safely store firearms. Right…

Bills: 

 

Background Checks

Background checks related to anyfirearm purchases will now expand to all firearm purchases, from handguns to long guns.

Bills: 

Domestic Violence Regulations


Gov. Whitmer signed legislation that prohibits individuals convicted of a misdemeanor related to domestic violence from possessing firearms for at least an eight-year-period.

Previously Michigan law only prohibited those convicted of felony domestic violence from possessing firearms.
 
Bills

LGBTQ+ civil rights protections

Gov. Whitmer signed legislation that expands the state’s Elliott-Larsen Civil Rights Act to include legal protections for sexual orientation and gender identity and expression.

Initially passed in 1976, the act prohibits discriminatory practices, policies, and customs based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. The act will now expand to include protect sexual orientation, gender identity, and gender expression from discrimination.

Bill

You Don’t Have the ‘Right-to-Work’ Law is Law

Passed in 2013, the right-to-work law prohibited unionized workplaces from mandating employee payments of union dues and fees. The law posed restrictions on unions, sparking opposition from union supporters in 2012.

Michigan is the first state in 58 years to do so. The repeal is seen by many as a victory for organized labor at a time when union membership has been on the decline.

Whitmer said the move would “restore workers’ rights, protect Michiganders on the job, and grow Michigan’s middle class.”

Now you have no control how your dues and fees and fees for the priviledge of paying those fees will be allocated. If you don’t know what that entails then by all means don’t worry about it.

Bill

Komorn Law is Michigan’s top cannabis law firms when it comes to any criminal allegations regarding cannabis.

In a sticky situation? Call our office (248) 357-2550

Prevailing wage law reinstated

A law that was repealed in 2018 is set to take effect once again in 2024. Whitmer has signed legislation that restores a prevailing wage law, commonly referred to as the prevailing wage law, which mandates that contractors hired for state projects must pay wages comparable to those of unions.

Bill:

More Abortion Barriers Removed

Abortion was legalized in Michigan after voters approved a constitutional amendment in 2022. Democratic lawmakers and state leaders persist in their efforts to remove any remaining obstacles to abortion care and access.

At the end of November 2023, Gov. Whitmer signed into law the Reproductive Health Act, which is comprised of eight separate bills.

According to the governor’s office, the package was designed to repeal “politically motivated, medically unnecessary statutes that criminalized nurses and doctors, forced health care providers to close, raised costs for patients, and restricted access to abortion.”

Here’s what the governor’s news release said

  • Repeals Michigan’s TRAP Laws, which are designed specifically to close abortion providers. These medically unnecessary and burdensome restrictions have nothing to do with a clinic’s ability to deliver care. They include rules about hallway width, ceiling heights, HVAC systems, and janitor’s closets. These restrictions jack up costs, especially for independent clinics, and have decreased the number of providers available to Michiganders, especially in Western and Northern Michigan.
  • Repeals an old, outdated law from 1931 that would have criminalized nurses and doctors for prescribing medication abortion including mifepristone. Medication abortions are the most common way abortions are performed and have been safely used for decades. While other states restrict access to these pills, the passage of the RHA ensures Michigan providers and patients will have every option available.
  • Ensures students at Michigan public universities have access to accurate information about all their reproductive health options. Young adults deserve the same medical choices that every other patient gets. For too long, students at Michigan universities could be denied access to information about their options—including abortion—depending on where they went to college.
  • Repeals the law that forced patients to buy a separate insurance rider for abortion. Effectively, the law forced people to pay more out of pocket just in case they were assaulted.

Bills:

Repeal of third-grade reading law takes effect

Starting in 2024, third-grade students in Michigan will no longer get held back because of low reading scores.

In early 2023, state lawmakers voted to change a 2016 law that provides instructions for institutions and educators to help third graders “achieve a score of at least proficient in English language arts on the grade state assessment.” Under that law, third grade students with insufficient reading assessment scores would be held back under most circumstances starting in 2019-2020 school year.

Bill

Minimum Wage Increase

Michigan employees making minimum wage will see a slight raise in pay in 2024. LOL

Under Michigan’s Improved Workforce Opportunity Wage Act of 2018, the state’s minimum wage is required to increase in certain increments at certain intervals.

As of Jan. 1, 2024, the state’s minimum wage increased from $10.10 to $10.33 per hour.

Here’s how the increase will affect minor, tipped, and training employees:

The 85% rate for minors aged 16 and 17 will increase to $8.78 per hour.
The tipped employee rate of hourly pay increases to $3.93 per hour.
The training wage of $4.25 per hour for newly hired employees ages 16 to 19 for their first 90 calendar days of employment remains unchanged.

See the law

The wage is not considered a livable wage in Michigan.

An adult without children needs to make at least $16.27 per hour to support themself, while an adult with one child requires at least $36.81 per hour.

What are you going to do with that extra 23 cents ($1.84 per 8 hour day)?

Climate Action Plan

A package of climate-related bills were signed into law in November 2023. The new Michigan Clean Energy & Climate Action law includes several Democrat-led proposals to lower household utility costs, protect state water and air, and create more green energy jobs.

Have a seat and read the bills here.

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Understanding Michigan’s Cyberbullying Law (MCL 750.411x)

Understanding Michigan’s Cyberbullying Law (MCL 750.411x)

Understanding Michigan’s Cyberbullying Law

With the ever-expanding digital landscape, cyberbullying has become a harsh reality for many. Michigan, recognizing its seriousness, has established specific laws to address this issue.

Here’s some things you need to know

What does the law say?

MCL 750.411x defines cyberbullying as posting a message in a public online forum about someone with the intent to threaten them with violence. This means simply posting something mean online doesn’t qualify as cyberbullying under this law.

However, if the post expresses a clear intention to harm the person, putting them in fear of bodily injury or death, it might be considered cyberbullying.

Definition

  (6) As used in this section:

(a) “Cyberbully” includes posting a message or statement in a public media forum about any other person if both of the following apply:
  (i) The message or statement is intended to place a person in fear of bodily harm or death and expresses an intent to commit violence against the person.
  (ii) The message or statement is posted with the intent to communicate a threat or with knowledge that it will be viewed as a threat.
  (b) “Pattern of harassing or intimidating behavior” means a series of 2 or more separate noncontinuous acts of harassing or intimidating behavior.
  (c) “Public media forum” means the internet or any other medium designed or intended to be used to convey information to other individuals, regardless of whether a membership or password is required to view the information.

What are the penalties?

A first offense is punishable as a misdemeanor with up to 93 days in jail and a $500 fine. If the offender has a prior cyberbullying conviction, the penalties increase to a maximum of 1 year in jail and a $1,000 fine. Remember, these are just the legal consequences; cyberbullying can also have lasting social and emotional repercussions.

Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?
Second Amendment rights taken away?
Have you been charged with a crime?

Call our office to see if we can help
Komorn Law  248-357-2550

What can you do if you’re cyberbullied?

If you encounter cyberbullying, don’t engage. Report the incident to the platform where it occurred and keep evidence like screenshots. Consider talking to a trusted adult or seeking help from organizations like Cyberbullying Research Center or StopBullying.gov. Remember, you’re not alone.

Staying safe online:

  • Think before you post: Consider the potential impact of your words before hitting “send.”
  • Respect others: Treat everyone online with the same respect you’d show in person.
  • Protect your privacy: Be mindful of what personal information you share online.
  • Report cyberbullying: Don’t be silent; report incidents to the platform and seek help if needed.

MCL 750.411x serves as a safeguard against online threats, but remember, online safety is a shared responsibility. By understanding the law, respecting others, and reporting harmful behavior, we can create a more positive and inclusive digital space for everyone.

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Involuntary Manslaughter Charges and Penalties in Michigan

Involuntary Manslaughter Charges and Penalties in Michigan

Involuntary Manslaughter Charges and Penalties in Michigan

Here’s things you should to know

What is Involuntary Manslaughter in Michigan?

Involuntary manslaughter differs from murder in that it lacks intent to kill.

In Michigan, it is somewhat defined as the killing of another person through:

 

  • Recklessness: This involves acting with a conscious disregard for a substantial and unjustifiable risk that the act will cause death or serious physical harm.
  • Gross negligence: This refers to a failure to use even the slightest care that a reasonable person would use in similar circumstances.
  • Commission of a misdemeanor: This means unintentionally causing death while committing another crime, even a minor one.

Involuntary manslaughter distinguishes itself from voluntary manslaughter based on the intent of the alleged offender.

The broad differentiating factor lies in whether the accused intended to cause severe physical harm to the victim, as seen in cases of voluntary manslaughter.

Conversely, in cases of involuntary manslaughter, the accused is alleged to have caused the victim’s death without malice or intent.

A conviction of voluntary manslaughter can arise when the accused did not have the intention to cause serious bodily harm to the victim but exhibited a significant lack of care in their behavior towards the victim’s safety.

The determining factor between these two homicide offenses is typically the presence of intent.

What are the penalties?

  • Up to 15 years in prison: The exact sentence depends on the specific circumstances of the case, including the severity of the recklessness or negligence and the presence of aggravating factors.
  • Fine of up to $7,500: This financial penalty adds to the significant burden faced by those convicted.

Charged with Homicide, Second Degree Murder, Manslaughter?

Call our office to see if we can help
Komorn Law  248-357-2550

Additional Consequences:

Beyond the legal penalties, a conviction for involuntary manslaughter can have lasting consequences, including:

  • Loss of employment or professional licenses: Many professions have strict ethical codes that may prohibit employing individuals with criminal records.
  • Difficulty obtaining housing or loans: Background checks often reveal criminal convictions, making it harder to secure housing or loans.
  • Social stigma: The emotional and social impact of a conviction can be significant, leading to isolation and judgment.
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Do Students Have 4th Amendment Rights in Schools

Do Students Have 4th Amendment Rights in Schools

Students and 4th Amendment RightsStudents are entitled to a right to be safe from unreasonable searches and seizures even within school premises, as ruled by the Supreme Court of the United States. However, these rights are somewhat limited for students, allowing...

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Facial Recognition and Wrongful Arrests

Facial Recognition and Wrongful Arrests

Facial RecognitionHow Technology Can Lead to Mistaken-Identity Arrests Facial recognition technology has become increasingly prevalent in law enforcement, but its use raises critical questions about civil liberties and accuracy. One landmark case sheds light on the...

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People v. Chandler Case: Protecting Fourth Amendment Rights

People v. Chandler Case: Protecting Fourth Amendment Rights

Court of Appeals of Michigan PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Javarian CHANDLER, Defendant-Appellant. No. 368736 Decided: June 27, 2024Before: Borrello, P.J., and Swartzle and Young, JJ. Introduction In the People v. Chandler case, the Michigan...

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Chinese-funded marijuana farms springing up across the U.S.

Chinese-funded marijuana farms springing up across the U.S.

Inside the Chinese-funded and staffed marijuana farms springing up across the U.S.During a farm inspection, New Mexico state special agents discovered an excessive number of cannabis plants in violation of state laws. Subsequent visits revealed dozens of underfed and...

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