ERPO is
Safety Justice Community Accountability
Common sense gun laws protect those most vulnerable by proactively preventing tragedy.
Glossary
ERPO
Extreme Risk Protection Order
DVRO
Domestic Violence Restraining Order
Petitioner
Person seeking to obtain an court order
FRO
Final Restraining Order
Firearm
A firearm is a type of gun that utilizes an explosive charge (gunpowder), also called a propellant, to fire a projectile.
Respondent
The individual who poses a danger of injury.
What is an Extreme Risk Protection Order (ERPO)?
An extreme risk protection order (ERPO) is a way for family, household members, or law enforcement to ask a court to restrict a person’s access to guns, to ammunition, and to firearm parts when that person poses a significant danger to themselves or others.
A FRO is a tool to buy time when it matters most and empowers law enforcement and families to prevent gun violence and firearm-related suicide.
What kind of tragedies can ERPO prevent?
Suicide:
By reducing firearms access, an extreme risk order can create a safer opportunity for the subject of an order to seek treatment and additional resources to address the root causes of their crisis. In Connecticut, nearly one-third of respondents received critical mental health and substance abuse treatment as a result of the extreme risk law intervention.
Mass Shootings and Other Homicide:
Extreme risk protection orders allow family and concerned law enforcement to take action and proactively prevent tragedy by limiting access to firearms for individuals who have shown to be at high-risk for dangerous behaviors. Through the same mechanism, worried parents, guardians, and siblings may take action through extreme risk laws to help prevent school shootings.
Intimate Partner Shootings:
Not all extreme risk protection orders (DVROs) prohibit firearm purchase and possession or require removal of firearms already in the possession of an abuser. Additionally, persons in dating or sexual relationships who do not cohabitate and do not share a child in common may not be eligible for a DVRO. Extreme risk protection orders may supplement protections provided by DVROs or may be used by individuals who are not eligible to petition for a DVRO. Persons in abusive relationships should seek assistance from an advocate to determine the best course of action.
Why was the Extreme Risk Protection Order Act created?
The Michigan Legislature established the Extreme Risk Protection Order Act in response to a series of deadly mass shootings and increased rates of suicide across the country and in our own backyards (Oxford High School & Michigan State University). It allows family/household members and law enforcement to work with courts to temporarily remove guns, ammunition, and firearm parts, and prevents the purchase of new guns for the duration of the order by individuals who pose a significant risk of harm to themselves or others.
The goal is to ensure the safety of the individual and those around them. This creates safer circumstances for the individual to seek treatment, to stabilize their behavior, or to access resources to address the underlying causes of their dangerous behavior.
How to obtain an Extreme Risk Protection Order?
A family or household member or law enforcement can ask, or “petition,” a Michigan circuit court for an order to temporarily limit firearm access for a “respondent,” the individual who poses a danger of injury.
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Additional Common Sense Gun Laws Passed in Michigan
Domestic Violence Firearm Ban:
Michigan updated its criminal code to prevent individuals convicted of misdemeanor domestic violence from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving or distributing firearms or ammunition. This ban remains in effect for 8 years following the completion of all court-imposed requirements.
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Universal Background Checks:
Requires background checks for all firearm purchases in order to prevent purchases by those who are prohibited from obtaining firearms.
Firearms already purchased before the law went into effect are exempt from needing a license.
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Safe Storage:
Requires firearm owners to safely store their firearms when someone younger than 18 years old is, or is likely to be, present.
This law is intended to protect children from injuries or death due to unintended access to firearms.