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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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New Michigan O-line coach Jim Harding has one goal for spring practice

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New Michigan O-line coach Jim Harding has one goal for spring practice


Jim Harding, Michigan’s new offensive line coach, has one goal coming out of spring practice: he wants to have a set starting five plus a solid sixth lineman for good measure.

Michigan begins spring practice March 17 and concludes with the spring game on April 18.

Harding, appearing on the Michigan in-house podcast, “In the Trenches” hosted by Jon Jansen, joined new Michigan head coach Kyle Whittingham’s staff from Utah, where Whittingham was head coach the last 21 years. Harding spoke about a number of topics, including returning to the Midwest — he grew up in Maumee, Ohio, and his wife is from Farmington Hills — and his love for the Detroit Tigers, but most important was his discussion about building the Wolverines’ offensive line.

“I’d like to establish the starting five where you feel good that when you go into fall camp,” Harding said on the podcast that posted Wednesday. “Those are the guys that are working together immediately from Day 1.”

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Harding said he uses a sixth lineman — he terms that player the “rhino” — quite a bit and would like to have at least two ready to go. The Wolverines also need depth at center considering only Jake Guarnera has snapped in a game.

“And then just having that physicality, nastiness of the offensive line,” Harding said. “Just kind of develop that.”

Since arriving earlier this year at Michigan, Harding said he’s been impressed by the linemen and their desire to work hard on conditioning and developing their craft by asking questions and wanting feedback. They have gone to dinner as a group to get to know each other away from the facility, and Harding has enjoyed the process.

“The things that you can’t measure right now is our physicality or our toughness, things like that,” Harding said. “I’m confident that it won’t be an issue, but that’s kind of the next step once we get pads on, (finding out) who are kind of the Alpha dogs in the room that are going to set the tone for the unit, and then, obviously, the offense. But really pleased with what I’ve seen so far.”

Harding shared offensive coordinator Jason Beck’s approach to installing the offense.

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“The way (Beck) runs it, everything’s on the table Day 1 in practice,” Harding said on the podcast. “So we’ll get a script with, if you count red zone, probably 60 or so plays, and any play can be called. It’s really unique, and I’d never done it this way, but Coach Beck, actually calls it like he does in the game. There are no scripts, and so we’ll just move the ball down the field, and if it’s a third play and it’s third and 3, well he’s going to call a third-and-3 call.

“So you really have to have the kids prepared for all 60 of those. And then the next day there’ll be maybe different formations and things like that once we get the concepts down in the O-line room for the run game. Now it’s just a matter of dressing up different things. It’s a lot of stuff early on, because every run scheme we have could be called on that first day, every pass protection we have could be called on that first day. So it’s a front-loaded installation.”

achengelis@detroitnews.com

@chengelis



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Bills to end concealed carry permit requirement introduced in Michigan House

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Bills to end concealed carry permit requirement introduced in Michigan House


A group of Republicans in the Michigan House say Michiganders’ second amendment rights are being infringed, as they introduce legislation to end requirements for concealed carry permits.

Right now, Michiganders must obtain a permit to carry a concealed gun, with a base fee of $100.

As part of the process, applicants must also receive training.

“The first thing they do is put you in a classroom, make sure you know all proper range and safety procedures, run you over what the law states about when and if you’re allowed to use your firearm,” Jonathan Hold, president of the Michigan chapter of Giffords Gun Owners for Safety and a firearms instructor, said. “It gives a really good grounding.”

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Applicants must demonstrate four hours of range time as well.

The group of House Republicans feel this is an undue burden, noting many gun owners are already knowledgeable.

They also believe the current five-year felony for carrying without a permit is too steep.

“For the government of the state of Michigan to tell that that we have to be qualified under the guise of their rules in order to protect ourselves is a far cry from what the constitution provides for us,” Rep. Jay DeBoyer, (R- Clay) said.

The package of bills wouldn’t abolish permits, as they are necessary to take guns outside of the state, but it would institute what’s called “constitutional carry.”

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That means Michiganders can carry a gun on them without a permit.

Twenty-nine other states already adopted such policies.

“When we exercise other first amendment rights like our right to speak, we do not have to get a permit or permission from the government to speak,” Rep. Jim DeSana (R- Carleton) said. “When we exercise our right to worship, we do not have to go get a permit or permission to go worship.”

Supporters say concealed guns are important for self-defense, and can also help stop crime.

“It’s going to encourage and increase safety for all,” Rep. Joseph Fox (R- Fremont) said. “It’s about protecting everybody because if there are guns in this situation, and people are worried for their lives, they’re gonna stay back away from evil and making bad choices.”

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Gun control advocates like Gold, however, say it’s “ridiculous” not to have guardrails.

“We’re talking about the power of life and death at a distance,” Gold said. “To send an untrained user out into the world with a firearm is a mistake.”

He also takes issue with the constitution argument.

“The constitution says as part of a well regulated militia, if you read the second amendment, and we don’t have well regulated militias in this country,” Gold said. “At the very least, what we should have are trained firearms users.”

A similar effort to end concealed carry permits failed to gain traction last year in the Michigan Senate, and with the landscape unchanged, the bills likely have an uphill battle to become law.

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Werewolf, trout ruled in ’24. What will be next ‘I voted’ sticker

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Werewolf, trout ruled in ’24. What will be next ‘I voted’ sticker


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The rewarding feeling of wearing an “I Voted” sticker after turning in your ballot is something everyone can relate to.

Michigan voters can take it one step farther and vote on the design for the Election Day tradition.

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The Michigan Department of State announced on March 3 the return of the highly competitive “I Voted” sticker contest in preparation for the state’s general election on Tuesday, Nov. 3.

“Our first-ever ‘I Voted’ sticker design contest in 2024 was a massive success,” Michigan Secretary of State Jocelyn Benson said in a March 3 release. “This year we look forward to seeing the creative ways Michiganders of all ages celebrate democracy. Submit your entry to help us continue the tradition and get voters excited to cast their ballot this fall.”

Designs are being accepted online via the Secretary of State’s “I Voted” webpage: Michigan.gov/IVotedSticker. On the page, participants may print or download the official entry form.

Design and entry rules, the sticker template, and tips and suggestions are included on the official entry form.

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There are three categories — elementary/middle school (grades K-8), high school (grades 9-12) and Michigan residents of all ages. Designs are due at 5 p.m. on Friday, May 1.

Once submissions are closed, the public may vote for finalists online in June. Winners will be announced and celebrated later in the summer. Winning stickers will be dispersed to local election clerks for the November Election.

In 2024, there were more than 480 submissions, and more than 57,700 voters selected the nine winners, according to the release. Before the contest opened up for a public vote, the Michigan Collegiate Student Advisory Task Force members narrowed the submissions down to 25 semifinalists. 

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Here’s the 2024 winners and rules for the 2026 participants:

What did the winning 2024 ‘I Voted’ sticker designs look like?

Want to enter a design? Here are the ‘I Voted’ sticker contest rules

According to the Secretary of State, here’s what to keep in mind for your sticker:

  • Designs must be completed using official entry form.
  • Designs must include the phrase “I voted” AND be nonpartisan in nature.
  • Artwork must be original, non-AI generated, and not contain copyrighted or trademarked designs.
  • Entries can be created using your preferred method (digital, paint, crayon, mixed media, etc.)
  • Provide as high quality of resolution as possible when submitting your design.
  • There are three categories — elementary/middle school (grades K-8), high school (grades 9-12) and Michigan residents of all ages. You may enter one design in one category.
  • Designs are due at 5 p.m. on Friday, May 1.

Contact Sarah Moore @ smoore@lsj.com



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