What you need to know
- An Extreme Risk Protection Order, or ERPO, can temporarily prevent someone at risk of harming themself or others from having or buying firearms. Many states have ERPO laws, sometimes called “red flag” laws.
- In Michigan, you start the ERPO process by submitting a petition to the court. You may need to attend a hearing.
- An ERPO limits access to firearms, but mental health, violence prevention, or other services may also be needed to address the reasons someone is at risk.
When someone is at risk of harming themself or someone else with a firearm, an Extreme Risk Protection Order can help prevent violence. Under Michigan law, certain people can ask a judge to temporarily restrict someone’s access to guns.
“[ERPOs] can be used to intervene before violence occurs when a person’s statements or behaviors indicate that they pose a serious risk of harming themselves or others with a firearm,” says Stephen Oliphant, a research investigator at the University of Michigan’s Institute for Firearm Injury Prevention.
Here’s how to file an ERPO in Michigan and what happens afterward.
Why file an ERPO?
An ERPO is one way to help prevent firearm suicides and other gun violence. Some warning signs that someone may pose a risk of harming themself or others include making threats of suicide or violence, sending threatening texts, emails, or images, and stalking.
If you’re in immediate danger, call 911. If you’re experiencing suicidal thoughts or need help supporting someone else in crisis, call or text the 988 Suicide & Crisis Lifeline.
Who can file an ERPO in Michigan?
In Michigan, certain people can file an ERPO petition against someone they’re concerned about (called the “respondent”), including:
- A family or household member
- The respondent’s current or former spouse
- Someone who is currently dating or has previously dated the respondent
- Someone who’s had a child with the respondent
- A police officer
- A health care provider
How do I file an ERPO in Michigan?
First, fill out a petition.
- If the respondent is 18 or older, use Form CC 452.
- If the respondent is under 18, use Form CC 452m.
Your petition should describe why you think the respondent is at risk.
“Does the person’s behavior or statements demonstrate that they pose a serious risk to themselves or someone else by having a firearm? The court requests detailed information that supports this safety concern in the petition to determine whether to grant an ERPO, so it’s important to think about what behaviors or statements demonstrate this risk,” Oliphant says.
The respondent does not need to currently have a gun for you to file an ERPO against them.
If you think the respondent could harm themself or someone else in the very near future, you can request an “ex parte” order on the form. An ex parte order allows a judge to make an initial decision without first holding a hearing with the respondent.
Next, file the petition with the family division of the appropriate circuit court. If the respondent is an adult, you can file with a circuit court in any county. If they’re a minor, you’ll need to file your order with the circuit court in the county where either you or the respondent resides.
Find your nearest circuit court in Michigan using this directory.
Depending on the type of petition, you may need to attend a hearing.
- If you did not request an ex parte order: The court will schedule a hearing within 14 days of filing your complaint.
- If you requested an ex parte order, but the judge denies it: You have 21 days to request a hearing and present more evidence that an ERPO is needed.
- If the judge grants an ex parte order: The order will go into effect right away, and you’ll only need to attend a hearing if the respondent challenges the order.
If you’re not comfortable filing an ERPO petition but think one may be needed, you can contact local law enforcement and share your concerns. Law enforcement officers can also file ERPO petitions.
“In Michigan, as in other states, most ERPO petitions are filed by law enforcement,” Oliphant says.
What happens after the ERPO is granted?
If the court grants the ERPO, the respondent must be served with a copy of the order, and proof that it was served must be filed with the court.
“[Serving the order] doesn’t have to happen in person,” Oliphant explains. “The law allows for service by certified mail, delivery to the last known address, or by any other means allowed by Michigan court rules. In some cases, local law enforcement may be willing to serve the order.”
Once the respondent receives the ERPO, they’re required to give any firearms in their possession to law enforcement or, if the court allows it, to a licensed firearms dealer, within 24 hours. In some cases, the court may require the respondent to immediately surrender their guns. In those cases, law enforcement will serve the ERPO.
While the order is in place, the respondent cannot have or buy firearms. If they don’t follow the order, they could face fines or jail time.
How long does an ERPO last in Michigan?
In Michigan, an ERPO can last up to one year.
The person who filed the ERPO can ask the court to change or end the order at any time. They can also ask the court to extend the order for another year before it expires.
The respondent can also ask the court to change or end the order, and the court will hold a hearing to decide.
What additional resources are available to help prevent gun violence in Michigan?
An ERPO can reduce someone’s access to firearms, but it doesn’t address other factors that may contribute to the risk or connect them with other support.
“ERPOs are narrowly focused on addressing firearm access, which may only be one piece of the prevention puzzle,” Oliphant says. “An ERPO does not connect a respondent to social services or provide other support that may be needed.”
Those in need of mental health support can find free and low-cost resources through the Michigan Department of Health and Human Services.
Other gun violence prevention resources include:
- OK2SAY: Allows Michigan residents to confidentially report concerns about student or school safety, including gun violence.
- Project ChildSafe: Offers free firearm safety kits and trigger locks in every state.
- Community mental health services programs: Shares contact information for county-specific programs in Michigan.
Learn more about firearm safety and harm prevention from MDHHS.
What if I don’t live in Michigan and want to file an ERPO?
ERPO laws vary by state, and not every state has one. Learn whether your state has an ERPO law and how it works from the National ERPO Resource Center.
This article was supported by the Michigan Health Communications Initiative, a health campaign that receives funding from the Michigan Public Health Institute. Public Good News retains full editorial control over its reporting.