Extreme Risk Protection Orders

Michigan recently passed a law allowing certain people to petition the court and request that a person’s guns be taken and his/her constitutional right to possess a firearm be eliminated. These are called “Extreme Risk Petition Orders” (ERPO). Some call it the “Red Flag” law.

If issued, an ERPO will have the following effect:

• Require a person to surrender his/her guns to law enforcement
• Revoke a person’s Concealed Pistol License (CPL)
• Prevent a person from purchasing any new or used firearm

An ERPO petition must allege, and the court shall issue an ERPO if the court determines, by a preponderance of evidence that

• The respondent can reasonably be expected within the near future to, intentionally or unintentionally, seriously physically injure themselves or another individual by possessing a firearm, and has engaged in an act or acts or made significant threats that are substantially supportive of the expectation. MCL 691.1807(1); MCR 3.718(D)(6).

Only certain people can file these petitions. These include:

• A spouse or former spouse of the respondent
• A person with a current or former dating relationship with the respondent or with whom they share children
• A close family member or legal guardian of the respondent
• Police or medical personnel

Most ERPO’s are issued ex parte (i.e. without a hearing beforehand.) However, once served with the order, the subject of the ERPO has 14 days to request a hearing. The hearing must then occur within 14 days after being requested. 

Once scheduled, the person who filed the petition will have the burden to prove that a ERPO is warranted. This process is similar to that of a Personal Protection Order (PPO.)

In making this decision, the court will consider the following evidence that the petitioner may present about the respondent:

• Allegations of physical violence or threats of any kind
• Allegations of mental illness or emotional disturbance
• Evidence of criminal history, past restraining orders, PPO’s, bond conditions, etc.
• Past drug or alcohol use
• Past or recent acquisition of a firearm

To arrange a free initial consultation please contact us by email or call (888) 461-7744. From offices in Kalamazoo, Paw Paw and Grand Rapids, our lawyers represent gun owners and license holders throughout western Michigan. We offer discounts to students, seniors and members of the military.