Posted: 3/23/2026 7:47:12 PM EDT
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I'm curious how the Red Flag and Safe Storage laws work with police requesting to enter your home to swe how your firearms are stored. My buddy had to show the police all his firearms and where he kept them Friday because his 8 year old made a comment at school that he knew where his dad's guns were. What areas of these laws allow law enforcement entry into the home? What if they find compliance with the Safe Storage Law, but find other issues? What if the firearms aren't being stored properly? Under Michigan law, there is no penalty unless 1 of 4 actions happen once the child gains access to the weapons. There are no punishments listed if the child never touches the firearms. Can you refuse to allow entry? |
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Originally Posted By 243savage: I'm curious how the Red Flag and Safe Storage laws work with police requesting to enter your home to swe how your firearms are stored. My buddy had to show the police all his firearms and where he kept them Friday because his 8 year old made a comment at school that he knew where his dad's guns were. What areas of these laws allow law enforcement entry into the home? What if they find compliance with the Safe Storage Law, but find other issues? What if the firearms aren't being stored properly? Under Michigan law, there is no penalty unless 1 of 4 actions happen once the child gains access to the weapons. There are no punishments listed if the child never touches the firearms. Can you refuse to allow entry? This is in response to the school district's risk assessment of the child. They request that the local police conduct a home visit to inspect whether or not the child has access to firearms. You could absolutely refuse and the police would have no basis to obtain a search warrant, that would only be based on an administrative "requirement" of the school district. The most likely result would be the district expelling the child for the homeowner / parent not cooperating "voluntarily" with the risk assessment home inspection. It's a box they wanna check on their report. The school's risk assessment investigation is way over the top and many parents allow a home inspection in fear of the child's expulsion. Any law enforcement officer shall make the homeowner / parents well aware of this and that the "inspection" is at the request of a school district, not probable cause law enforcement action. Now if the "inspection" is allowed and there are so called Safe Storage violations observed (amongst other law violations), then I am not too sure. I'm sure some over-zealous law enforcement could submit for charges. I would guess that if those circumstances presented, it would be a matter of 4th Amendment issues and case law. I am not totally up to speed on the details of the MI Safe Storage Law. If none of the four actions that would trigger prosecution occur (most likely not at the time of the school requested home "inspection"), then I don't see how an unsecure firearm could result in being charged with the MI Safe Storage Law. And again, yes, you can refuse entry. Unless there are other circumstances, no search warrant can be obtained based on the school's requested home inspection only. I am no legal expert, but I do have experience on this issue. And no, I don't agree with these over reaching gun laws and school district's "requirement" for Safe Storage home inspections. |
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Originally Posted By jdixon22: Unless there are other circumstances, no search warrant can be obtained based on the school's requested home inspection only. I am no legal expert, but I do have experience on this issue. And no, I don't agree with these over reaching gun laws and school district's "requirement" for Safe Storage home inspections. I'm under the impression that using a minors testimony for a search warrant would create a giant legal procedure mess (still beat the charge not the ride territory though) |
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Originally Posted By Gunnerpalace: I'm under the impression that using a minors testimony for a search warrant would create a giant legal procedure mess (still beat the charge not the ride territory though) I don't see using a minor's testimony as the basis of a search warrant going very well. I'm sure it can and may happen at some point, but also believe it'll be as you said, a giant legal procedural mess. And yes, legal over-reach would be a long and costly ride. |
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Originally Posted By 5-0Joe: The laws don't allow entry into your home without a warrant. Your buddy should have told them to pound sand until they had a search warrant. The red flag laws hope for compliance but require a warrant when the gun owner refuses to comply. This. |
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