Michigan ERPO Information
On February 13, 2024, Michigan enacted a “red flag law”, formally known as an Extreme Risk Protection Order (ERPO) law. ERPO laws authorize civil courts to temporarily prevent people at risk of harming themselves or others from possessing or purchasing firearms. In Michigan, the ERPO law allows law enforcement, families and household members, and healthcare providers to file an ERPO petition. In this section, learn more about Michigan’s ERPO law, who can file an ERPO petition, and what happens when an ERPO is filed in the Wolverine State. If you are in immediate danger, call 911. If you are experiencing a crisis, call or text 988.
Who Can File an ERPO Petition in Michigan?
Family and Household Members
In Michigan, family or household members of the person at risk of harming themselves or others can file an ERPO petition. This includes: current and former spouses, current and former dating partners, current and former roommates, someone who has a child with the person at risk, legal guardians, and immediate family members including grandparents, aunts and uncles, and first cousins.
Healthcare Providers
Certain healthcare providers can also file an ERPO petition if they believe a patient is at risk of harming themselves or others. This includes physicians, physician assistants, nurse practitioners, certified nurse specialists, and licensed mental health workers.
Law Enforcement
In every state with an ERPO law, including Michigan, members of law enforcement can file an ERPO petition. If you are not eligible to file an ERPO petition under Michigan law, but believe someone you know is at risk of harming themselves or others, contact your local law enforcement.
The Three Types of ERPO Petitions in Michigan
Immediate Emergency Ex Parte ERPO
Immediate emergency ex parte ERPO petitions can only be filed by law enforcement. These petitions may be filed verbally, over the phone, by a law enforcement officer who is responding to a complaint involving someone in crisis who the officer reasonably believes is at imminent risk of harming themselves or others. If the court grants the immediate emergency ex parte ERPO, the court will then schedule a hearing on the order within 14 days of the order being served to determine if a final ERPO should be ordered.
Ex Parte ERPO
If the petitioner believes there is a risk of the respondent harming themselves or other in the very near future, they may file an ex parte petition, which is given priority by the court. The petitioner must provide substantial evidence that the person they believe may hurt themselves or others does, in fact, pose a risk of harm in the near future. If an ex parte request is rejected by the court, the petitioner can still request a hearing within 21 days of the denial. That hearing would be scheduled within 14 days of the request. If an ex parte ERPO is ordered, the person served the ERPO will have the opportunity to request a hearing within 7 days of receiving the order, which may be scheduled within 14 days of the request. If the person served the ERPO does not request a hearing, the ex parte ERPO will be in effect for up to one year.
Final ERPO
A final ERPO hearing will be scheduled under three circumstances: 1) If an ex parte ERPO is not requested by the petitioner; 2) If an ex parte ERPO is denied and the petitioner requests a hearing; and 3) If an ex parte ERPO is granted and the respondent requests a hearing. The petitioner must attend the hearing and is responsible for serving the person they believe is at risk of harm with a notice of the hearing. The petitioner must provide substantial evidence that the person they believe may hurt themselves or others does, in fact, pose a risk of harm. If ordered, a final ERPO will be in effect for up to one year.
What Happens When an ERPO is Ordered
The person served the ERPO must turn in their firearms, if any
The ERPO is in effect, but can be modified, extended, or terminated
When the order ends, the person served can reclaim their firearms
If an ERPO is ordered, the person served the ERPO must turn in all of their firearms to law enforcement within 24 hours if they had any in their possession. If allowed by the court, they may turn in their firearms to a licensed firearm dealer instead. The court may specify that firearms must be turned in immediately, in which case a member of law enforcement will serve the ERPO. In this case, the court may also grant an anticipatory search warrant to the law enforcement officer to search the person served the order’s property for any firearms if the person does not comply with the ERPO. If the person served the ERPO does not follow the order, they may face penalties, including fines and even jailtime.
ERPOs in Michigan last for up to one year. The petitioner may request to modify (change) or rescind (end) the ERPO at any point during the duration of the order. The person served the order has the right to appeal to change or end the order once per six month period of the order. At the end of the ERPO, the petitioner or the court may motion to extend the order.
When the ERPO ends, unless prohibited for another reason from possessing firearms, the court will order that the person served the ERPO will be allowed to possess and purchase firearms once again, and may reclaim any firearms turned into law enforcement. The person served the ERPO has 90 days to reclaim any firearms; after 90 days, law enforcement may destroy the firearms if they are not reclaimed.
Other Gun Safety Laws In Michigan
Michigan has several gun safety laws in addition to the ERPO law, including a safe storage law, background check law, and domestic violence firearm possession ban. To learn more about each law and how they work, view the video in this section, or click the button below.
If you are in immediate danger, please call 911.
If you are experiencing a crisis, please text or call 988.
The content of this website is not legal advice and is only intended for general informational purposes. If you need legal advice, please contact an attorney.