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Extreme Risk Protection Orders

Please note: We are still confirming which law enforcement agencies have policies in place for responding to an Extreme Risk Protection Order.

Though the law is active, we cannot confirm that every law enforcement agency has yet worked out how to respond to these orders.

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You can view the State of Michigan's Extreme Risk Protection Order Forms and Procedures HERE.

What is an Extreme Risk Protection Order?

Sometimes called a "red flag law," Extreme Risk Protection Orders are a way to temporarily disarm someone who has become a risk to themselves or others. If the order is followed, there is no criminal penalty.

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The order can remove firearms from a situation, reduce the threat of violence, and creates an opportunity for people in crisis to get the help they need.

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Examples include those who might be at risk for suicide, or committing domestic violence, a mass shooting, or other gun crime. Often people close to someone in crisis know that something is wrong. An Extreme Risk Protection Order is a way to intervene in a dangerous situation before it becomes violent.

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The order is issued by a judge based on evidence presented that a person is likely to be dangerous.

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Who can request an Extreme Risk Protection Order?

Family or those that live with the subject. This includes a parent, spouse, adult son or daughter, a sibling, a grandparent, a grandchild, an uncle or aunt, or a first cousin. Family also includes intimate partners (like a girlfriend, boyfriend), ex-intimate partners (such as an ex-girlfriend, ex-boyfriend, ex-spouse), and those with whom the subject has a child in common. Unrelated housemates may also file a petition.

Law enforcement. Eligible officers include the local police, county sheriff, or state police. Campus safety officers at public or private colleges and junior colleges are also eligible. The county prosecutor or assistant county prosecutor may also file a petition.

Mental health professionals involved in the treatment of a subject.

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How Do You Request an Extreme Risk Protection Order?

To request an Extreme Risk Protection Order, you must file a petition with your local district court using the appropriate form. 

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Use this form if the respondent (the person with the gun) is an ADULT.

Use this form if the respondent (the person with the gun) is a MINOR.

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Law enforcement, family members, or medical professionals all use the same form.

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You do not need to contact law enforcement to file a petition. Eligible petitioners may file on their own, directly with the court. You may contact law enforcement to request that they file the petition, however.

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You may use a lawyer to help write the petition, but you are not required to do so.

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In the petition, you should describe why the subject of the petition (the respondent) has become a threat to themselves or others. Describe the current situation, past history, and anything else the court should know. The court will consider evidence or history of many things including:

-Violence or threats of violence; 

-Serious mental illness;

-Previous violations of extreme risk protection orders or personal protection orders;

-Domestic violence;

-Animal abuse;

-Use of illegal drugs;

-Reckless use or display of a firearm;

-Previous criminal convictions;

-Attempts to gain access to firearms or ammunition.

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The court will also consider supporting statements from members of the family or household of the subject.

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The petition should describe any firearms that the petitioner believes the subject has.

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How does an emergency or "ex parte" order work?

If you believe that the situation is an emergency and that people are in danger right away, check the box marked "ex parte."

 

If you file an emergency petition ("ex parte") the judge may rule on it without first notifying the subject. This means that the subject of the order will not be notified that the petition has been filed until they are served with an Extreme Risk Protection Order and instructed to relinquish their firearms. 

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You should consider an emergency or ex parte order in cases where if the subject found out about the petition, they would be likely to try to carry out their planned violence before the order could be issued. Examples might include someone who is currently at risk for suicide or someone actively planning a mass shooting.

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If the subject of the order disagrees with the ruling, it can be appealed at a later hearing.

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How Does the Court Decide Whether to Issue an Extreme Risk Protection Order?

A judge will consider the petition immediately. The order will be issued if the judge decides that the "preponderance of the evidence" shows that the subject of the petition has become a danger to themselves or others.

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The judge may decide to have a hearing on the order to which both parties are asked to appear. In urgent or especially dangerous situations, the judge may decide to issue an "emergency order" without a hearing. If the judge issues the order without a hearing, one will be held later.

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What Happens When an Extreme Risk Protection Order Is Issued?

After the judge issues an order, law enforcement will serve the subject with a copy of the order or inform them verbally. The subject of the order then has 24 hours to relinquish their firearms to law enforcement. If the subject of the order has a concealed pistol license, they must turn this in as well.

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If the order is an "emergency order," law enforcement will seize the firearms immediately.

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The order will be in effect for 1 year, though a judge may renew it based on new evidence. During that time, the subject of the order may not purchase or possess firearms. When a gun store runs a background check, as required by law for all gun sales, the order will appear and prevent a sale.

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It is a crime to provide guns or ammunition to anyone who is the subject of an Extreme Risk Protection Order.

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Can A Subject Object to an Extreme Risk Protection Order? 

If the subject of an order disagrees with the decision, they may appeal the order. If the appeal is successful, their firearms will be returned.

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Is an Extreme Risk Protection Order a Crime?

No, being the subject of an Extreme Risk Protection Order is not criminal. Extreme Risk Protection Orders are civil, like a personal protection order or restraining order.

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Extreme Risk Protection Orders are a way of preventing gun violence before it happens, so no one has to be charged with a crime at all.

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What Happens If the Subject of an Order Doesn't Turn in Their Weapons?

If the subject of an order turns in their weapons, there is no criminal penalty.

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If the subject of the order fails to comply, there are escalating penalties:

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-First offense, misdemeanor punishable by up to 93 days in jail and/or a fine of up to $500.

-Second offense, felony punishable by up to 4 years in prison and/or a fine of up to $4,000.

-Third or more offenses, felony punishable by up to 5 years in prison and/or a fine of up to $20,000. 

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What If Someone Files a False Petition?

It is a crime for an individual to knowingly include false information in a petition to the court. The penalties are as follows:

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-First offense, misdemeanor punishable by up to 93 days in jail and/or a fine of up to $500.

-Second offense, felony punishable by up to 4 years in prison and/or a fine of up to $4,000.

-Third or more offenses, felony punishable by up to 5 years in prison and/or a fine of up to $20,000. 

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