Michigan has laws in place that can require someone give up their weapons if they are believed to be a danger to themselves or others.
In February of this year, Michigan enacted new gun laws that included an Extreme Risk Protection Order (ERPO) law. The ERPO law allows the courts to temporarily prevent people deemed a risk to themselves or others from having or buying firearms.
A spouse, former spouse, partner, former partner, family member, roommate, guardian, law enforcement officer, or healthcare provider can petition the court to have a person’s firearms temporarily removed if they are deemed to be a risk.
According to the University of Michigan Institute for Firearm Injury Prevention, there are three types of ERPO petitions in Michigan:
- An Immediate Emergency Ex Parte ERPO, which can only be filed by law enforcement. This type of petition can be filed verbally, over the phone, by a law enforcement officer who is responding to someone involved in a crisis who the officer believes is at risk of harming themselves or others. If the order is granted, the court will schedule a hearing on the order within 14 days of the order being served.
- An Ex Parte ERPO is filed if someone believes there is a risk of the person harming themselves or others in the very near future. This type of petition is given priority by the court. The petition is required to offer evidence that the person may hurt themselves or others and does pose a risk of harm in the near future. If the request is rejected by the court, the petitioner can request a hearing within 21 days of the denial. If the ERPO is ordered, the person served the ERPO will have to request a hearing within seven days of receiving the order.
- A Final ERPO hearing is scheduled if an Ex Parte ERPO is not requested by the petitioner; if an Ex Parte ERPO is denied and the petitioner requests a hearing; and if an Ex Parte ERPO is granted and the respondent requests a hearing.
How to file an ERPO in Michigan
The University of Michigan Institute for Firearm Injury Prevention has a website dedicated to helping people understand the ERPO filing and order process in Michigan.
Here is a overview of the steps required to file an ERPO petition:
- Fill out an ERPO petition. An ERPO petition is called a complaint. The person who fills out the complaint is known as the petitioner and must fill out forms and submit them to the family division of the circuit court. The complaint should detail any facts that show the person is a significant risk or harming themselves or others. The person does not need to currently have a firearm to an ERPO to be filed.
- The petition must be submitted to the appropriate circuit court.
- ERPO petitioners are required to attend a hearing and review the complaint and evidence for why an ERPO may be necessary. If the petitioner does not attend, the ERPO will not be granted.
- The court makes a decision and if granted, the ERPO will be served.
- An ERPO in Michigan can last up to one year.
More information on the process and links to the correct forms are available at firearminjury.umich.edu/mi-erpo-filing/.
The order forms are also available at courts.michigan.gov/SCAO-forms/extreme-risk-protection/
What happens when an ERPO is ordered?
If an ERPO is ordered, the respondent must give up any firearms they have to law enforcement, or, if allowed by the court, to a licensed firearm dealer. They are not allowed to have firearms for the duration of the order, which lasts a maximum of one year.
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What does the court consider?
Here are the factors that the court will consider during an ERPO hearing:
- Threats or acts of violence towards themselves or others, even if the threats did not involve a firearm;
- History of violence or signs of serious mental illness;
- Previous protection orders and violation of protection orders;
- Reckless use, display, or brandishing of firearms;
- Recent acts of cruelty to animals;
- Previous criminal charges for assault and/or domestic violence;
- Alcohol and/or substance abuse;
- Recent purchase or attempt to purchase firearms or deadly weapons.
Extreme Risk Protection Order manual
Below is a PDF of the manual for the Extreme Risk Protection Order Act 2023 PA 38 that went into effect on Feb. 13, 2024. The PDF can also be found and downloaded at courts.michigan.gov.