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Michigan’s red flag gun laws: What to do if you believe someone is a danger to themselves or others

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Michigan’s red flag gun laws: What to do if you believe someone is a danger to themselves or others


Michigan has laws in place that can require someone give up their weapons if they are believed to be a danger to themselves or others.

In February of this year, Michigan enacted new gun laws that included an Extreme Risk Protection Order (ERPO) law. The ERPO law allows the courts to temporarily prevent people deemed a risk to themselves or others from having or buying firearms.

A spouse, former spouse, partner, former partner, family member, roommate, guardian, law enforcement officer, or healthcare provider can petition the court to have a person’s firearms temporarily removed if they are deemed to be a risk.

According to the University of Michigan Institute for Firearm Injury Prevention, there are three types of ERPO petitions in Michigan:

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  • An Immediate Emergency Ex Parte ERPO, which can only be filed by law enforcement. This type of petition can be filed verbally, over the phone, by a law enforcement officer who is responding to someone involved in a crisis who the officer believes is at risk of harming themselves or others. If the order is granted, the court will schedule a hearing on the order within 14 days of the order being served.

  • An Ex Parte ERPO is filed if someone believes there is a risk of the person harming themselves or others in the very near future. This type of petition is given priority by the court. The petition is required to offer evidence that the person may hurt themselves or others and does pose a risk of harm in the near future. If the request is rejected by the court, the petitioner can request a hearing within 21 days of the denial. If the ERPO is ordered, the person served the ERPO will have to request a hearing within seven days of receiving the order.

  • A Final ERPO hearing is scheduled if an Ex Parte ERPO is not requested by the petitioner; if an Ex Parte ERPO is denied and the petitioner requests a hearing; and if an Ex Parte ERPO is granted and the respondent requests a hearing.

How to file an ERPO in Michigan

The University of Michigan Institute for Firearm Injury Prevention has a website dedicated to helping people understand the ERPO filing and order process in Michigan.

Here is a overview of the steps required to file an ERPO petition:

  1. Fill out an ERPO petition. An ERPO petition is called a complaint. The person who fills out the complaint is known as the petitioner and must fill out forms and submit them to the family division of the circuit court. The complaint should detail any facts that show the person is a significant risk or harming themselves or others. The person does not need to currently have a firearm to an ERPO to be filed.

  2. The petition must be submitted to the appropriate circuit court.

  3. ERPO petitioners are required to attend a hearing and review the complaint and evidence for why an ERPO may be necessary. If the petitioner does not attend, the ERPO will not be granted.

  4. The court makes a decision and if granted, the ERPO will be served.

  5. An ERPO in Michigan can last up to one year.

More information on the process and links to the correct forms are available at firearminjury.umich.edu/mi-erpo-filing/.

The order forms are also available at courts.michigan.gov/SCAO-forms/extreme-risk-protection/

What happens when an ERPO is ordered?

If an ERPO is ordered, the respondent must give up any firearms they have to law enforcement, or, if allowed by the court, to a licensed firearm dealer. They are not allowed to have firearms for the duration of the order, which lasts a maximum of one year.

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—> Previous: What are red flag laws? How can they tackle gun violence?

What does the court consider?

Here are the factors that the court will consider during an ERPO hearing:

  • Threats or acts of violence towards themselves or others, even if the threats did not involve a firearm;

  • History of violence or signs of serious mental illness;

  • Previous protection orders and violation of protection orders;

  • Reckless use, display, or brandishing of firearms;

  • Recent acts of cruelty to animals;

  • Previous criminal charges for assault and/or domestic violence;

  • Alcohol and/or substance abuse;

  • Recent purchase or attempt to purchase firearms or deadly weapons.

Extreme Risk Protection Order manual

Below is a PDF of the manual for the Extreme Risk Protection Order Act 2023 PA 38 that went into effect on Feb. 13, 2024. The PDF can also be found and downloaded at courts.michigan.gov.

Copyright 2024 by WDIV ClickOnDetroit – All rights reserved.



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Michigan

Ferndale man receives first beating-heart transplant in Michigan

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Ferndale man receives first beating-heart transplant in Michigan


Michigan’s first two beating-heart transplants took place at Henry Ford Health in Detroit recently.

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On his 58th birthday, Ken Miller of Ferndale was given the news that he would be undergoing the first-ever beating-heart transplant in the state.

Now, he is in the process of recovering. 

“I didn’t expect to be feeling this well,” Miller said. “I’m feeling great and blessed.”

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Miller had been in heart failure for more than a decade. He spent 25 days in a hospital bed, on a machine, prior to receiving his new heart –and a kidney– on May 31.

“I’m really excited about this outcome and excited about how well this heart worked,” said cardiac transplant surgeon at Henry Ford Health, Dr. Kyle Miletic.

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Ken Miller of Ferndale underwent Michigan’s first ever beating-heart transplant on May 31, 2024. (Provided by Henry Ford Health)

Heart transplantation has come a long way.

Generally, a donor heart is good for about four hours, which limits how far away a donor heart can come from. However, the “heart in a box” technology has been a breakthrough – which is a mini heart lung machine that keeps the heart beating.

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But still, the heart has to be stopped, twice, before being transplanted.

“We are always very concerned every time we have to stop the heart. Now, it’s inevitable. It’s going to have to be stopped once at the donor hospital to put it on this box, but the problem is we have to stop it a second time,” Miletic said.

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That can be problematic. But with the beating heart transplant technique, the donor heart does not have to be stopped a second time; it keeps beating.

“We hooked the donor heart up to his own blood stream. Once it came from the box, his blood was providing that blood and the nutrients to his new heart, and we sewed it in again as it was beating,” Miletic said.

Henry Ford surgeons performed a second beating-heart transplant just last week. That heart came from about 2,000 miles away.

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“Despite being the furthest distance we’ve ever traveled – really woke up right away with no issues, and that patient is doing extremely well and has excellent cardiac function,” the doctor said.

The new technique is not only revolutionary for heart transplant patients, but liver and lung patients as well.

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As for Miller, he’s ready to get back on his feet and back to his family.

“I look forward to just being able to move, walk, go upstairs,” he said. “All the things we take for granted.”



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Storms close Michigan’s Adventure for the day

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Storms close Michigan’s Adventure for the day


FRUITLAND TOWNSHIP, Mich. (WOOD) — Storms Tuesday morning forced Michigan’s Adventure to close for the day.

The park closed “due to a power outage and inclement weather,” it announced on its Facebook page. It said most tickets for Tuesday will be honored through Labor Day.

“Thank you for understanding,” it wrote.

A line of strong storms swept through West Michigan Tuesday morning, leaving tens of thousands without power. Damage from the storms included downed trees and broken windows at a Grand Rapids post office.

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Consumers Energy crews will be working throughout the day to restore power. Some may not have power back until Wednesday, a Consumers Energy spokesperson told News 8.

Michigan’s Adventure isn’t the only West Michigan closure. Some local schools and churches, including many in Kent County, have canceled summer activities for the day.



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What’s underneath? Michigan couple makes a discovery inside home

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What’s underneath? Michigan couple makes a discovery inside home


Michigan home goes viral for tunnel discovered underneath

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Michigan home goes viral for tunnel discovered underneath

02:03

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MARYSVILLE, Mich. (CBS DETROIT) — A Michigan home went viral on TikTok after the homeowners documented what they discovered under their indoor jacuzzi.

“I want to jump in first off, I guess, to be honest,” said Trevor Gilmartin as he recalled the moment he and his wife Hayley found a hole beneath their hot tub. “We did some testing to make sure the water was OK to get in.” 

Ironically, scuba diving is a hobby of both he and his wife, so he had the gear to dive in. The couple documented their discovery on TikTok, where the video has amassed nearly 30 million views. 

But many wondered what the nearly 20-foot deep hole was.

“Getting in it was like, every inch was OK, I can do this, you know. Nothing’s bit me yet,” Gilmartin said.

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Gilmartin said the conversion into a home happened in 1979. He only knew about the water pumping station from a newspaper clipping passed on to him by the previous owner of the home.

What he didn’t know was what lay underneath the jacuzzi on the other side of his living room.

He and his wife tell CBS News Detroit it’s still fun to think about other possible historic landmarks the home could have been, even prior to the water pumping station.

“I do not want to cover it up. I know we have a lot of space here that we aren’t using. I know we have a lot of space here that we’re not using from the house, so if we have to cover it up I’d like to somehow make something that can access it. If I want to, even if for the next 10 years you know,” Gilmartin said when discussing possible next steps.

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