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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

Woman struck, fatally injured, while walking on the Lodge Freeway, state police say

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Woman struck, fatally injured, while walking on the Lodge Freeway, state police say



A pedestrian was struck and died of her injuries early Friday on the Lodge Freeway in Detroit. 

Emergency dispatchers started to get calls about 2:30 a.m. about someone who was walking along the Lodge, and then were notified that the person had been struck by a vehicle, the Michigan State Police reported. 

When troopers arrived, they found multiple cars stopped along the freeway, and people standing around a woman who was severely injured. 

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Detroit EMS pronounced the woman dead at the scene, state police said. She has not yet been identified. 

The driver who struck the woman did not stay at the scene. 

“Troopers are currently using technology that is available in the area to identify the vehicle involved,” MSP F/Lt. Mike Shaw said. 

The Lodge Freeway, also known as M-10, was closed at about 2:46 a.m. Friday between Chicago Boulevard / Hamilton Avenue and Clairmount Street for the investigation and emergency assistance, according to Michigan Department of Transportation reports. The Lodge was reported back open at 6:05 a.m.  

Michigan Department of Transportation traffic reports are at the MI Drive site. 

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State police said their investigation is continuing. Those who witnessed the crash or have other information are asked to call the MSP Metro South Post at 734-287-5000 or Crime Stoppers of Michigan at 800-SPEAK-UP. 



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List of active weather alerts as severe weather moves through Southeast Michigan

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List of active weather alerts as severe weather moves through Southeast Michigan


Severe storms bring risk of tornadoes, hail, flooding

A severe thunderstorm warning has been issued for Lenawee County. (Copyright 2026 by WDIV ClickOnDetroit – All rights reserved.)

4Warn Weather – The severe thunderstorm warnings in Monroe and Lenawee counties have expired.

A ground stoppage has also been deployed.

Click here for the latest forecast from our 4Warn Weather team.

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Here’s a list of the alerts by county.

Wayne County

  • No active weather alerts.

Oakland County

  • No active weather alerts.

Macomb County

  • No active weather alerts.

Washtenaw County

  • No active weather alerts.

Monroe County

  • Severe thunderstorm warning expired at 8 p.m.

Livingston County

  • No active weather alerts.

Lenawee County

  • Severe thunderstorm warning expired at 7:45 p.m.

Lapeer County

  • No active weather alerts.

Genesee County

  • No active weather alerts.

St. Clair County

  • No active weather alerts.

Sanilac County

  • No active weather alerts.




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Michigan football emphasizes return of discipline under new regime

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Michigan football emphasizes return of discipline under new regime


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The buzzword continued to come up in Schembechler Hall, from each one of the captains.

From Bryce Underwood to Jordan Marshall, Rod Moore to Trey Pierce − Michigan football players around for the previous regime and in the case of the latter two, the one before that too − each said Wednesday, March 25, that there’s a noticeable difference within the program under new coach Kyle Whittingham.

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For Moore, a sixth-year player who will likely become a third-time captain when the official leaders are voted on later this summer, he recognized the vibe.

“I would say it’s kind of a similarity to coach Harbaugh’s regimen,” he said. “It’s a lot more strict than the past two years, and the weight room has kind of been a night-and-day difference than the past two years. We feel a lot stronger, a lot more progress.”

The Wolverines finished winter conditioning and Whittingham graded it with an “A+.” Hope is often the dominant mode at this time of year and adding a new coaching staff to what’s generally a positive time creates little surprise that the Wolverines are raving about the new system.

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But beyond the platitudes and clichés, there are tangible examples. Take Pierce: The projected starting defensive tackle has trimmed his weight to 300 pounds while adding muscle mass to his overall frame.

“Something new that we have now is that whenever we start meetings, there’s like a loud air horn that goes off throughout the whole building,” Moore said. “The past two years, we would start the meeting at 2:30, but now we start the meeting at 2:25, even though it’s a 2:30 meeting. Just everyone being five minutes early. The coaches are holding everyone accountable in the meetings, going to class.

“Just the little things that makes a team great, not just the big, broad things that everyone sees.”

There was an implication from everyone, though nothing said explicitly, that the past two seasons featured little enforcement. Most players would show up on time for lifts, but there were those who didn’t, with few repercussions.

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“It’s the little things,” Pierce said. “Guys being late for lifts, guys not being where they’re supposed to be, whether it’s [missing] class. Just enforcing that a little bit heavier, that type of thing. … A lot of coaches say that when you’re being recruited in front of your parents. But for [Whittingham] to say that in front of the huddle after practice and say, ‘That’s why I’m here,’ I would say, ‘OK, he cares. He gets it.’”

Throughout the offseason, some who’ve spent time inside the facility said the weightlifting sessions had notably more juice. The past two years felt like a carryover of the previous years in terms of style, but accountability and discipline wavered.

Now, with Doug Elisaia leading the strength and conditioning room, there are different philosophies.

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Practices are a bit shorter these days – two hours – but as Marshall said, “I don’t stop moving at practice, like, we’re always doing something that’s not only going to help with us competing with teams, but our conditioning.”

Marshall believes it can take the Wolverines to the next level, he said.

Just more than a week into spring ball, players are oozing confidence. Not just in their skills − the running back room is deep, the wide receiver room has as much raw talent as at any point the past decade, the offensive line returned multiple key pieces, the secondary added depth and the defensive tackles feel underrated − but in mindset.

U-M had early, demanding lifting sessions during winter conditioning, with a clear organization.

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“It introduces that factor of toughness, like we’ve been through this at 6:30 a.m., 6:15 a.m., all these days in the grind together,” Pierce said. “It improves team bonding, and puts you in the headspace of, we’ve done harder stuff than this, and nothing can break us.”

The difference between winning and losing can often be razor-thin. Will this pay off when it counts during the season?

“If I can trust you to do things maybe you don’t want to do,” Marshall said, “then I can trust you on the field when it’s the fourth quarter and we have one minute left.”

Tony Garcia is the Wolverines beat writer for the Detroit Free Press. Email him at apgarcia@freepress.com and follow him on X at @RealTonyGarcia.





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