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Extreme Risk Protection Order (ERPO)
Extreme Risk Protection Order (ERPO)
In May 2023, Michigan passed multiple firearm safety laws to protect our communities from gun violence. Among these new laws was “Extreme Risk Protection Orders” (ERPOs). These orders let civil courts temporarily prevent people at risk of harming themselves or others from possessing or buying guns.
ERPOs, also known as Red Flag Laws, are a tool to prevent gun violence like mass shootings. They can also help prevent suicide attempts, gun injuries and gun deaths. Michigan residents are encouraged to learn about our state’s ERPO process. This will allow them to protect themselves and their loved ones in case of an emergency.
The person the ERPO is given to is called the Respondent. The person asking the Court for an ERPO is called the Petitioner.
How do you file an ERPO?
Petitioners for ERPOs must fill out a complaint (PDF) and file it with the Family Division of their circuit court.
Residents should call their local police if they need to file an Emergency Ex Parte ERPO in dangerous situations. This order is used when someone may soon harm themselves or others. The person will not be told about the request. The court will review it quickly without a hearing.
ERPOs can be enforced once they are signed by the judge and given to the respondent.
What will your ERPO do?
A respondent does not need to currently own a gun for an ERPO to be requested. An active ERPO will let law enforcement take any guns the person currently has in their possession. It will also stop the respondent from legally obtaining a firearm for up to one year. The ERPO can be extended one or more times by either the petitioner or the court. Extensions are effective for one year after the previous order expires.
The respondent is permitted to request a hearing to provide evidence for why the ERPO is no longer necessary. This can only happen once during the first six months the order is in effect. The respondent can request another hearing during the second six months. The respondent has the right to request a hearing within seven days of being served if the court issues an ERPO Ex Parte.
ERPOs are just one of the many tools available to improve public safety and protect our residents from gun violence. Find contact information for your county’s local advocacy organization to put together a comprehensive safety plan.