Following an increasing number of mass shootings all over the U.S., nearly half of the states have passed Extreme Risk Protection Order (ERPO) laws. Also known as red flag laws, their goal is to prevent people at risk of harming themselves or others from accessing firearms, at least temporarily.
Michigan Governor Gretchen Whitmer signed the legislation in 2023, becoming the 21st state to enact the law. It took effect in February 2024. Lawmakers and residents hope this law will slow down gun violence in the state, especially after last year’s mass shooting at Michigan State University.
Here’s how the red flag law can help protect everyone, firearm owners or otherwise.
How extreme risk protection orders work
The ERPO law allows civil courts to temporarily bar access to firearms for individuals at risk of harming themselves or others. Courts can receive reports of “red flags” from the following:
- Family members
- Current and former partners
- Current and former roommates
- Health care providers
- Law enforcement officials
These individuals can file a complaint showing that a person is reasonably expected to seriously physically injure themselves or others by having a firearm. The complaint can stem from warning signs such as unusual behaviors, deteriorating mental health or even explicit threats of violence.
Once the person in question receives the ERPO, they must turn in all their firearms within 24 hours. They may face fines or jail time if they fail to comply. ERPO orders in Michigan usually last for one year. The person served can request to modify or end the order once every six months.
What does this mean for gun safety?
The primary goal of the red flag law is to allow quick action when there are warning signs of potential violence. In several previous incidents, people close to the shooter have noted concerns about their intentions.
The law can help prevent suicides, mass shootings and domestic violence by taking away one of the most dangerous weapons the public can access. While it is not a complete solution to gun violence, it plays an important role in a comprehensive approach to reducing deaths and injuries.
How to file a petition
If you believe someone in your life poses a risk to others, consider filing an ERPO petition with the appropriate circuit court. Call 911 if you or someone else is in immediate danger.