- September 30, 2025
- Gun Law
Michigan’s Extreme Risk Protection Order Act gives courts the authority to temporarily restrict a person’s access to firearms if they’re a danger to themselves or others. If you’re facing an ERPO, you should understand how the process works and what legal rights and responsibilities are involved.
What Is Michigan’s Extreme Risk Protection Order (ERPO) Act?
The Extreme Risk Protection Order Act allows courts to temporarily restrict a person’s access to firearms if they are a danger to themselves or others. This law, also known as a “red flag” law, went into effect in February 2024. The law is designed to prevent gun violence by removing firearms from volatile situations before harm occurs.
Who Can File for an Extreme Risk Protection Order?
Several types of people can request an ERPO, including:
- A spouse or former spouse
- A current or former dating partner
- Someone who shares a child with the respondent
- A current or former household member
- A law enforcement officer
- A healthcare provider (if filing the action doesn’t violate HIPAA)
The petitioner must file a sworn affidavit in court. This document describes the specific behaviors or threats that suggest the respondent poses a significant risk by possessing or acquiring a firearm.
What Does the Court Consider When Granting an ERPO?
The judge will consider several types of evidence, including:
- Threats or violent acts
- Patterns of threatening behavior
- Prior arrests or criminal charges involving violence or weapons
- Unlawfully or recklessly using firearms
- Mental health or substance use issues
- Recent firearm purchases or attempted purchases
Courts may also review any previous protection orders and whether you’ve violated them. You do not need to be charged with or convicted of a crime for a judge to issue an ERPO against you. The focus is on risk, not guilt.
How Long Does an ERPO Last in Michigan?
If a judge grants a final order, it lasts for one year. During that time, you are prohibited from purchasing, possessing, or receiving firearms and ammunition. The court will require you to surrender any firearms you already own. You can surrender them to law enforcement or a licensed gun dealer.
If a judge believes there’s an immediate risk, the court can issue a temporary order. These are called “ex parte” orders and are granted without notice to the respondent. The order usually lasts until the full hearing, which must occur within 14 days.
What Are Your Rights If Someone Files an ERPO Against You?
Just because someone requests an ERPO doesn’t necessarily mean the courts will grant it. However, it’s important to understand your rights. If you’re served with notice of an ERPO petition, you have the right to:
- Be present at the hearing
- Submit your own evidence
- Cross-examine the petitioner’s witnesses
- Be represented by an attorney
You can also request that the court terminate the order before it expires. If you do, the court must schedule a hearing within 14 days. During this hearing, the burden is on you to show that you no longer pose a significant risk.
Violating an ERPO can lead to criminal charges. Common violations include failing to surrender the firearms or attempting to purchase one.
Learn More About ERPOs from an Experienced Firearms Attorney
If someone has filed for an ERPO against you in Michigan, contact the Law Office of John Freeman right away. The court’s decision can affect your access to firearms for a year or more. You have the right to challenge the order or ask for early termination. Our knowledgeable gun lawyer can help you understand your options and protect your rights at every step.