Michigan's Red Flag Law: Getting guns out of the hands of dangerous individuals.

Posted by Mark E. Mueller | Jun 16, 2024 | 0 Comments

barrel of gun pointing out of shadows with blurry face in background

It seems like Michigan has had more than its share of mass shootings in the past couple of years. The Oxford school shooting in November 2021, the MSU shooting in February 2023, and recently the Brooklands splash pad shooting in Rochester Hills on June 15, 2024. All three cases seem to be situations where a person going through an extended mental health crisis had access to handguns. 

Michigan law now allows a Circuit Court Judge to issue an Extreme Risk Protection Order and direct law enforcement to confiscate firearms from an individual if the court determines that the individual "can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual by possessing a firearm, and has engaged in an act or acts or made significant threats that are substantially supportive of the expectation". MCL 691.1807. 

Police officers, health care professionals, and family members can seek the ERPO by filing a petition in the Circuit Court. If the individual is an adult, the petition can be filed in any county in Michigan. If they are a minor, then the petition can only be filed in the county where the minor resides or where the petitioner resides. MCL 691.1805.

The Michigan Supreme Court Administrative Office has published a manual for the procedure. Forms are available online here

About the Author

Mark E. Mueller

Attorney at Law


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