FREQUENTLY ASKED QUESTIONS

ERPO FAQ

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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

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.

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

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

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.

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.

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

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.

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.

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.

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

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.

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

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.

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

-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.

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:

-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.

SAFE STORAGE FAQ

Michigan's new safe storage law requires that all firearms in homes with children be securely stored. Read on to find out the details. Firearms have become the leading cause of death for children in the US. Safe storage can make a big difference and save children's lives.

What does the safe storage law require?

Starting February 13, 2024, every gun owner in Michigan has a new responsibility. If there are children in your premises (generally the home), your firearms must be safely stored.

Safe storage can either mean secured using a safety device, or on your person and under your control.

This law applies even if the children are visiting your home, or you reasonably should have known that children would visit the home.

The law also applies if you’re carrying a firearm and go to someplace else where there are children. You can either keep your firearm on you, under your control, or you can leave it securely stored in your car. The car must then be locked.

How Should I Secure my Firearms?

End Gun Violence Michigan does not endorse any particular product or brand of safety equipment. In general:

The simplest way to secure a firearm is with a cable gun lock. They thread through the breach, and prevent the gun from loading and/or chambering a round. Cable gun locks can be purchased for as little as $6. Cable locks are also available for free from most local law enforcement agencies or the Veterans Administration. Cable locks do not prevent theft.

Gun safes are generally the most secure option, as they are more effective at preventing theft. Simple hand gun safes are available for less than $40, and simple rifle safes are available for less than $200.

Trigger locks comply with the law, but are not recommended. This is because some trigger locks allow a weapon to be loaded and a round to be chambered while the lock is in use. If this happens, a firearm may accidentally discharge while removing the trigger lock.

Whatever method you use, be sure to follow a few extra steps for safety.

1) It is a best practice, though not a requirement of the law, to keep weapons unloaded when not in use and to store ammunition separately.

2) If you use a safety device with keys, keep the keys on you. Children may come across keys even if they are hidden.

3) If you use a combination lock, keep the combination private, for example in a password protected computer file. Do not write it down where children could find it.

4) Locks and safes that use biometric technology, such as a fingerprint, are generally the most secure.

5) It is a good idea to practice using your safety device in a controlled setting.

How Is the Law Enforced and What Are the Penalties ?

It's important to remember that law enforcement will not perform inspections for compliance. All gun owners are informed of the law at the time of purchase, and penalties only apply if a child actually accesses an unsecured firearm.

If a child gains access to an unsecured firearm, the penalties escalate according to the harm caused.

Misdemeanor: If a child accesses an unsecured firearm and brings it to a public place, or "Possesses or exhibits the firearm in the presence of another person in a careless, reckless, or threatening manner," then the gun owner can be convicted of a misdemeanor. In this case, no one has been harmed by the firearm.

Penalty: Up to 93 days in jail, up to a $500 fine, or both.

Felony 1*: If a child gains access to an unsecured firearm and as a result "inflicts injury" on themselves or others, the gun owner may be convicted of a felony.

Penalty: Up to 5 years in prison, up to $5,000 fine, or both.

Felony 2: If a child gains access to an unsecured firearm and as a result, "inflicts serious impairment of a body function," upon themselves or others, the gun owner may be convicted of a felony.

Penalty: Up to 10 years in prison, up to a $7,500 fine, or both.

Felony 3: If a child gains access to an unsecured firearm and as a result, " inflicts death" upon themselves or others, the gun owner may be convicted of a felony.

Penalty: Up to 15 years in prison, up to a $10,000 fine, or both.

*Note that "Felony 1," "Felony 2," and "Felony 3," are shorthand used here for explanatory purposes and are not legal definitions.

Why Is Safe Storage Important?

Sadly, guns have become the leading cause of death for children in the United States. Safe storage is a practical solution that can dramatically reduce youth firearm injuries and deaths, including suicides.

For example, when Florida introduced a strict safe storage law, youth firearm deaths went down 51%.

Safe storage can also prevent young people who may be struggling with suicidal thoughts from accessing a firearm. Homes that safely store their firearms have a 78% percent lower risk of self-inflicted firearm injuries and an 85 percent lower risk of unintentional firearm injuries among children and teens, compared to those that locked neither. Sadly, guns are the deadliest method used in suicide, resulting in death in 85% of attempts. For comparison, suicide by drug overdose is lethal 3% of the time.

By keeping firearms safely stored, we can also reduce gun theft. Approximately 200,000 guns are stolen every year, many of which are later used in crimes.

Safe storage can also prevent young people from accessing firearms to use in crimes or school shootings.

UNIVERSAL BACKGROUND CHECKS FAQ

Michigan now requires background checks for all gun sales, including those between private parties.

Background checks prevent those who shouldn't have a gun, such as those with a disqualifying criminal record or mental illness, from obtaining them.

How do the new background checks work?

For most purchasers who buy their guns from a federally licensed firearm dealer, nothing will change. The dealer will run the background check at the point of sale for all firearms.

Background checks are now required for purchases made between private parties, for example from a non-professional dealer at a gun show, or between two members of a gun club.

Private parties have two options for performing the background check:

1) A Federally Licensed Firearms Dealer

Contact your local licensed firearms dealer. In general, you will need to bring the firearm to the store, and the dealer will perform the background check as if the buyer were purchasing from the dealer. Dealers may charge a fee.

2) Law Enforcement

Contact your local police department or sheriff's office. They should be able to conduct a background check and provide a "permit to purchase."

This is generally done on paper and does not require the firearm to be brought to the station.

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