Michigan Supreme Court

State Court Administrative Office

Field Services Division
Michigan Hall of Justice
P.O. Box 30048
Lansing, Michigan 48909
Phone 517-373-4835

Ryan P. Gamby
Field Services Director

MANUAL
Extreme Risk Protection Order Act
2023 PA 38

Effective Date: February 13, 2024

Contents
Eligible Petitioners .......................................................................................................................... 2
Complaint........................................................................................................................................ 2
Venue .............................................................................................................................................. 5
Dismissals ....................................................................................................................................... 5
Notice and Hearing ......................................................................................................................... 5
Ex Parte & Immediate Emergency Ex Parte Orders ....................................................................... 8
ERPO Contents ............................................................................................................................. 10
Serving an Order ........................................................................................................................... 13
Respondent Responsibilities ......................................................................................................... 14
Clerk Responsibilities ................................................................................................................... 14
Law Enforcement Responsibilities ............................................................................................... 16
Motions to Modify or Rescind an ERPO ...................................................................................... 18
ERPO Extensions .......................................................................................................................... 19
ERPO Violations........................................................................................................................... 20
List of Licensed Firearm Dealers .................................................................................................. 23
Additional Criminal Penalties ....................................................................................................... 23
Annual Report ............................................................................................................................... 23
February 7, 2024

Eligible Petitioners
The following individuals may file an action in the family division of the circuit court requesting
the court enter an Extreme Risk Protection Order (ERPO). MCL 691.1805; MCR 3.716(A)(2).

1. The spouse of the respondent.

2. A former spouse of the respondent.
3. An individual who:
a. Has a child in common with the respondent.
b. Has or has had a dating relationship with the respondent1.
c. Resides or has resided in the same household with the respondent.
4. A family member, including a:
a. Parent
b. Son or daughter
c. Sibling
d. Grandparent
e. Grandchild
f. Uncle or Aunt
g. First cousin
5. A guardian2 of the respondent.
6. A law enforcement officer3.
7. A healthcare provider4, including a:
1. Physician
2. Physician’s assistant
3. Nurse practitioner
4. Certified nurse specialist licensed under 1978 PA 368, MCL 333.16101 to MCL
333.18838.
5. Mental health professional, as that term is defined in MCL 330.1100b.

Complaint
1. Required Information: To initiate an ERPO action, the petitioner must file a SCAO-
approved complaint in the family division of the circuit court. MCL 691.1805(3). A
complaint may be filed regardless of whether the respondent owns or possesses a firearm. A

1
“Dating relationship" means a relationship that consists of frequent, intimate associations primarily characterized
by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an
ordinary fraternization between two individuals in a business or social context. MCL 691.1803(b).
2
“Guardian” means that term as defined in MCL 700.1101. MCL 691.1803(e).
3
“Law enforcement officer” means a law enforcement officer as that term is defined in MCL 28.602. MCL
691.1803(h).
4
A healthcare provider may file if filing and maintaining the action does not violate requirements of the health
insurance portability and accountability act of 1996, Public Law 104-91, or regulations promulgated under the act,
45 CRF parts 160 and 164, or physician-patient confidentiality. MCL 691.1805(2)(i). Healthcare provider also
includes a physician, physician’s assistant, nurse practitioner, or certified nurse specialist licensed in another state.
MCL 691.1803(f)(i).

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proposed order must be prepared on a SCAO-approved form and submitted at the same time
as the complaint. No summons is issued. MCR 3.716(A)(1).

a. Legal Standard: The complaint must state with particularity any facts that show the
issuance of an ERPO is necessary because:

The respondent can reasonably be expected within the near future to

intentionally or unintentionally seriously physically injure themselves 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, including facts that address the factors in MCL 691.1807(1)
that the court must consider when determining whether to issue an ERPO
order. MCR 3.716(B)(3).

b. Ex Parte Order: The complaint must also state whether an ex parte order is being
sought and, if so, state with particularity the facts that show the issuance of an ex
parte order is necessary because:

i. Immediate and irreparable injury, loss, or damage will result from the delay
required to effectuate notice, or

ii. The notice itself will precipitate adverse action before an order can be issued.
MCR 3.716(B)(7).

c. Other ERPO Actions: The complaint must state whether an ERPO action involving
the respondent has been commenced in another jurisdiction and, if so, identify the
jurisdiction. MCR 3.716(B)(8).

d. Other Pending Actions, Orders, Judgments: The complaint must state whether
there are any other pending actions, orders, or judgments affecting the parties,
including the name of the court and the case number, if known. MCR 3.716(E).

i. If complaint is filed in the same court as another pending action, order, or

judgment, it shall be assigned to the same judge.

ii. If there are other pending actions in another court, orders, or judgments, the
court may contact the court where the pending actions were filed or orders or
judgments were entered, if practicable, to determine any relevant information.

2. If Known: If known by the petitioner, state whether any of the following circumstances are
applicable:

a. Employment: The respondent is required to carry a pistol as a condition of the

respondent’s employment and is issued a license to carry a concealed pistol. MCL
691.1805(5)(a); MCR 3.716(B)(4)(a).

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b. Law Enforcement & Corrections: The respondent is any of the following: MCL
691.1805(5)(b)-(h); MCR 3.716(B)(4)(b).

a. A police officer licensed or certified under the Michigan Commission on Law

Enforcement Standards Act (MCOLES), MCL 28.601 to MCL 28.615.
b. A sheriff or deputy sheriff.
c. A member of the Department of State Police.
d. A local corrections officer.
e. An employee of the Michigan Department of Corrections.
f. A federal law enforcement officer who carries a pistol during the normal
course of the officer’s employment or an officer of the Federal Bureau of
Prisons.

c. Firearm Ownership/Possession: If the petitioner knows or believes that the

respondent owns or possesses firearms, the petitioner must state that in the complaint
and, to the extent possible, identify the firearms, giving their location and any
additional information that would help a law enforcement officer to find the firearms.
MCL 691.1805(6); MCR 3.716(B)(5).

3. Confidentiality: The petitioner’s address must not be disclosed in any pleading, paper, or in
any other manner. The petitioner must provide the court with an address and contact
information, including an email address and telephone number if available, in the form and
manner established by the State Court Administrative Office. The clerk of the court must
maintain the petitioner’s address as confidential in the court file. MCR 3.716(C).

4. Complaint Against a Minor: In addition to the requirements outlined above, a complaint

against a minor must also list, if known or can be easily ascertained, the names and addresses
of the minor’s parent(s), guardian, or custodian. MCR 3.716(D).

5. Filing Fees: There are no filing fees for an ERPO action. MCL 600.1908(3); MCR
3.716(A)(1).

SCAO Forms

The following SCAO-approved forms are used to initiate an ERPO action.

CC 452, Complaint for Extreme Risk Protection Order, Adult Respondent: This form is
a complaint used by petitioners to initiate an ERPO proceeding against an adult respondent.

CC 452M, Complaint for Extreme Risk Protection Order, Minor Respondent: This form
is a complaint used by petitioners to initiate an ERPO proceeding against a minor respondent.

CC 450, Confidential Information Extreme, Extreme Risk Protection Order Proceeding:

This form is used to identify the petitioner’s address and is filed at the same time as the
complaint. The clerk of the court will maintain this form as confidential, pursuant to MCL
691.1805(7) and MCR 3.716(C).

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CC 465, Request for Next Friend and Order, Extreme Risk Protection Order. This form
is used to request a next friend because the individual is a minor or incompetent/legally
incapacitated.

Venue
Any of the following is a proper county in which to file an ERPO action. MCL 691.1805(8);
MCR 3.716(F).

1. Adult: If the respondent is an adult, the petitioner may file an ERPO action in any county in
Michigan regardless of the parties’ residency or location.

2. Minor: If the respondent is a minor, the petitioner must file an ERPO action in either the
petitioner’s or respondent’s county of residence.

3. Out-of-State: If the respondent does not reside in Michigan, the petitioner must file an ERPO
action in the petitioner’s county of residence.

The court may enter an order to change the venue of an ERPO action for any reason allowed
under the Michigan Court Rules, including, but not limited to, the convenience of the parties and
witnesses. The court may consider the location of firearms owned or possessed by the
respondent in deciding whether to change venue. MCL 691.1806(3).

Dismissals
Except as specified in MCR 3.718(A)(5), MCR 3.718(B), MCR 3.718(D), and MCR 3.720, an
action for an ERPO may only be dismissed upon motion by the petitioner prior to the issuance of
an order. There is no fee for such a motion. This does not preclude a dismissal as otherwise
permitted by law. MCR 3.717.

Notice and Hearing

1. When a Hearing is Required: The court must schedule a hearing for the issuance of an
ERPO in the following instances. MCR 3.718(D).

a. The complaint does not request an ex parte order.

The hearing must occur within 14 days of the date the complaint is filed.

➢ Service: Petitioner must serve the respondent with the complaint and notice of the
hearing as provided in MCR 2.105(A). If the respondent is a minor, and the
whereabouts of the respondent’s parent(s), guardian, or custodian are known, the
petitioner must also, in the same manner, serve them.

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b. The court refuses to enter an ex parte order and the petitioner timely requests a
hearing.
The hearing must occur within 14 days of the petitioner’s request for a hearing.

➢ Service: Petitioner must serve the respondent with the complaint and notice of the
hearing as provided in MCR 2.105(A). If the respondent is a minor, and the
whereabouts of the respondent’s parent(s), guardian, or custodian are known, the
petitioner must also, in the same manner, serve them.

c. The court entered an ex parte order and the respondent requests a hearing.
If a hearing is requested, the hearing must occur within 14 days after service unless the
respondent is a person described in MCL 691.1805(5).

➢ Hearing Request: Respondent must request this hearing within 7 days after the
order is served.

➢ Service: The clerk of the court must serve the respondent’s request for a hearing on
the petitioner, as provided in MCR 2.107(C), due to the confidential nature of the
petitioner’s address.

If the respondent is a person described in MCL 691.1805(5), the hearing must occur
within 5 days after service, excluding weekends and holidays if the court is closed to the
public.

➢ Hearing Request: Respondent must request this hearing within 3 days after the order
is served. If the court is closed to the public upon the expiration of this 3-day period,
the request must be made not later than the next business day.

➢ Service: The clerk of the court must serve the respondent’s request for a hearing on
the petitioner, as provided in MCR 2.107(C) due to the confidential nature of the
petitioner’s address. To ensure timely notice, the clerk of the court must notify the
petitioner of this hearing at the email address and telephone number provided by the
petitioner.

A respondent waives their right to a hearing on an ex parte order if the respondent does
not request a hearing within the timeframes listed above. MCR 3.718(D)(3).

2. Burden of Proof: The petitioner must attend the hearing and carries the burden of proof.
MCR 3.718(D)(6).

3. Hearing Format: The hearing must be held on the record. In accordance with MCR 2.407
and MCR 2.408, the court may allow the use of videoconferencing technology. MCR
3.718(D)(5).

4. Legal Standard: The court shall issue an ERPO if the court determines, by a preponderance
of the evidence, that the respondent can reasonably be expected within the near future to,

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intentionally or unintentionally, seriously physically injure themselves 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(1); MCR 3.718(D)(6).

a. Factors: In determining whether to issue an ERPO, the court shall consider the
following:

• Physical Force: Any history of use, attempted use, or threatened use of physical
force by the respondent against another individual, or against the respondent,
regardless of whether the violence or threat of violence involved a firearm. MCL
691.1807(1)(a).

• Serious Mental Illness or Serious Emotional Disturbance: Any evidence of

the respondent having a serious mental illness or a serious emotional disturbance,
as those terms are defined in MCL 330.1100d, that makes the respondent
dangerous to other individuals or to the respondent. MCL 691.1807(1)(b).

• Orders: Any of the following orders against the respondent, whether previously
entered or existing. MCL 691.1807(1)(c)(i)-(vi).

o Extreme Risk Protection Order.

o Personal Protection Order (PPO) under MCL 600.2950 and MCL
600.2950a.
o Pretrial release order
o Probation order
o Parole order
o Any other injunctive order.

• PPO & ERPO Violations: Any violation by the respondent of a previous or

existing ERPO or any violation of a previous or existing PPO issued under MCL
600.2950 or MCL 600.2950a. MCL 691.1807(1)(d)-(e).

• Criminal Offenses: Any previous conviction of, criminal charges pending

against, or previous or pending juvenile delinquency petitions against the
respondent for the commission or attempted commission of any of the following
offenses. MCL 691.1807(1)(f)(i)-(vii).

o A misdemeanor violation of MCL 750.81, Assault or assault and battery.

o A violation of MCL 750.411h, Stalking and MCL 750.411i, Aggravated
Stalking or a similar offense in another jurisdiction.
o An offense that has assault as an element.
o An offense that has an element including a threat to person or property.
o An offense that is a crime committed against the person or property of a
spouse or intimate partner, as defined in MCL 600.2950k.
o An offense involving cruelty or abuse of animals.
o A serious misdemeanor, as that term is defined in MCL 780.811.

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• Controlled Substances: Any evidence of recent unlawful use of controlled

substances by the respondent. MCL 691.1807(1)(g).

• Alcohol Abuse: Any recent abuse of alcohol. MCL 691.1807(1)(h).

• Deadly Weapons & Ammunition: Any previous unlawful possession, use,

display, or brandishing of a deadly weapon by the respondent. Any evidence of
an acquisition or attempted acquisition within the previous 180 days by the
respondent of a deadly weapon or ammunition. MCL 691.1807(1)(i)-(j).

• Additional Reliable Information: Any additional information the court finds to

be reliable, including a statement by the respondent, or relevant information from
family and household members concerning the respondent. The court may also
consider any other facts that the court believes are relevant. MCL
691.1807(1)(k)-(l).

5. Reasons for Decision: The court must state on the record the reasons for granting, denying,
or continuing an ERPO and enter the appropriate order. Additionally, the court must
immediately state the reasons for granting, denying, or continuing an ERPO in writing.
MCR 3.718(D)(8).

SCAO Forms

CC 453, Extreme Risk Protection Order, Adult Respondent: This form is an extreme risk
protection order for an adult respondent.

CC 453M, Extreme Risk Protection Order, Minor Respondent: This form is an extreme
risk protection order for a minor respondent.

CC 456, Order Denying Extreme Risk Protection Order: This form is used to deny an
extreme risk protection order. CC 456 may be used to deny requests for both ex parte and
non-exparte orders.

Ex Parte & Immediate Emergency Ex Parte Orders

1. Ex Parte Orders

a. Timing: The court must rule on a request for an ex parte within one business day of
the filing date of the complaint. The court must expedite and give priority to ruling
on a request for an ex parte order. MCR 3.718(A).
b. Legal Standard: An ex parte order must be granted if it clearly appears from the
specific facts shown by a verified, written complaint that:

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i. Preponderance of the Evidence: by a preponderance of the evidence, after

considering the factors in MCL 691.1807(1), the respondent can reasonably be
expected within the near future to intentionally or unintentionally seriously
physically injure themselves or another individual by possessing a firearm, and
has engaged in an act or acts or made significant threats that substantially
support the expectation that the respondent will intentionally or unintentionally
seriously physically injure themselves or another individual by possessing a
firearm; and

ii. Clear and Convincing Evidence: Pursuant to MCL 691.1807(2), there is clear
and convincing evidence that immediate and irreparable injury, loss, or damage
will result from the delay required to effectuate notice or that the notice itself
will precipitate adverse action before an order can be issued. MCR 3.718(A)(2).

c. Order Denied: If the court refuses to grant an ex parte order, it must immediately
state the reasons in writing and advise the petitioner of the right to request a hearing.
If the petitioner does not request a hearing within 21 days of the entry of the order,
the order denying the complaint is final. MCR 3.718(A)(5).

2. Immediate Emergency Ex Parte Orders:

a. Timing: The judge or magistrate must immediately rule on a verbal request to issue
an immediate emergency ERPO. MCR 3.718(B)(2).

b. Legal Standard: A petitioner who is a law enforcement officer may verbally

request by telephone that a judge or magistrate5 on duty within that jurisdiction
immediately issue an emergency ex parte order if the officer is responding to a
complaint involving the respondent and the respondent can reasonably be expected
within the near future to intentionally or unintentionally seriously physically injure
the respondent or another individual by possessing a firearm. MCL 691.1807(4);
MCR 3.718(B).

c. Law Enforcement Responsibilities: If an immediate emergency ex parte order is

issued:

i. The officer must notify the respondent of the order and advise where they can
obtain a copy of the order.

ii. Within one business day, the officer must file a sworn written petition detailing
the facts and circumstances presented verbally to the judge or magistrate. If the
officer does not file the petition within one business day, the court must, unless
good cause is shown:

5
The term “magistrate” is not defined in the Extreme Risk Protection Order Act. Please see the memo Extreme Risk
Protection Order Act – District & Municipal Courts that discusses these definitions in greater detail.

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1. Terminate the immediate emergency ex parte order;

2. Order that the respondent, subject to the restrictions in MCL 691.1815,

may reclaim any seized firearm(s); and

3. Dismiss the case.

3. Plan of Availability: In each county, the circuit court must file for approval with the state
court administrator a plan to make a judge or magistrate on duty and available each day of
the year to immediately review and rule on a verbal request. The court must provide their
approved plan to all law enforcement agencies within their jurisdiction. MCR 3.718(B)(3).

SCAO Forms

The following SCAO-approved forms are used to issue an immediate emergency ERPO.

CC 454, Immediate Emergency Ex Parte Extreme Risk Protection Order: This form is an
immediate emergency extreme risk protection order. It is only used when a law enforcement
officer verbally requests an immediate emergency extreme risk protection order under MCL
691.1807(4).

CC 455, Sworn Written Petition After Immediate Emergency Ex Parte Extreme Risk
Protection Order: If the court grants a law enforcement officer’s request to issue an
immediate emergency extreme risk protection order, the officer must, within one business day,
file with the court a sworn written petition detailing the facts and circumstances presented to
the court. CC 455 is used by law enforcement for this purpose.

ERPO Contents
1. Order Requirements: If the court issues an ERPO, the order must include the following:

a. Respondent Responsibilities: The respondent must complete the filing requirements

contained in MCR 3.719(D)(1). A failure to comply with the filing requirements will
result in the issuance of either a warrant or an order to show cause why the
respondent should not be held in contempt of court. MCR 3.719(A)(1).

b. Purchase/Possession of Firearms: The respondent must not purchase or possess a

firearm. If the respondent has been issued a license under MCL 28.422 that the
respondent has not used and that is not yet void, the respondent must not use it and
must surrender it to the law enforcement agency designated under MCL
691.1809(1)(g). MCL 691.1809(1)(a); MCR 3.719(A)(2).

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c. Concealed Pistol License: The respondent must not apply for a concealed pistol
license and, if the respondent has been issued a license to carry a concealed pistol, the
license will be suspended or revoked under MCL 28.428 once the order is entered
into the law enforcement information network (LEIN). The respondent must
surrender the license as required by MCL 28.428. MCL 691.1809(1)(b); MCR
3.719(A)(3).

d. Firearm Surrender: The respondent must, within 24 hours or, at the court’s
discretion, immediately after being served with the order, surrender any firearms in
the respondent’s possession or control6 to the law enforcement agency designated
under MCL 691.1809(1)(g) or, if allowed as ordered by the court, to a licensed
firearm dealer on the list prepared under MCL 691.1818. MCL 691.1809(1)(c);
MCR 3.719(A)(4).

i. Immediate Surrender7: If the court orders the respondent to immediately

surrender the individual’s firearms, the order must include a statement that the
law enforcement agency designated under MCL 691.1809(g) must proceed to
seize the respondent’s firearms after the respondent is served with or receives
actual notice of the ERPO, after giving the respondent an opportunity to
surrender the individual’s firearms. MCL 691.1809(1)(l); MCR 3.719(A)(4).

ii. 24 Hour Surrender: Unless the petitioner is a law enforcement officer or

health care provider, there is a presumption that the respondent will have 24
hours to surrender the firearms. MCL 691.1809(1)(l); MCR 3.719(A)(4).

e. Firearm Description: If the petitioner has identified any firearms in the complaint, a
specific description of the firearms to be surrendered or seized. MCL 691.1809(1)(d);
MCR 3.719(A)(5).

f. Hearing Request: If the ERPO was issued without written or oral notice to the
respondent, the order must include a statement that the respondent may request and

6
“Possession or control” includes, but is not limited to, actual possession or constructive possession by which the
individual has the right to control the firearm, even though the firearm is in a different location than the individual.
Possession or control does not require the individual to own the firearm. MCL 691.1803(j).
7
Anticipatory Search Warrant: If the court orders the firearms immediately surrendered, the law enforcement
officer serving the order may file an affidavit requesting that the court issue an anticipatory search warrant
authorizing a law enforcement agency to search the location or locations where the firearm(s) or concealed pistol
license is believed to be and to seize any firearm(s) or concealed pistol license discovered during the search in
compliance with MCL 780.651 to 780.659.

The law enforcement officer’s affidavit may include affirmative allegations contained in the complaint. An
anticipatory search warrant issued under MCR 3.718(C) is subject to and contingent on the failure or refusal of the
respondent, following service of the order, to immediately comply with the order and immediately surrender to a law
enforcement officer any firearm of concealed pistol license in the individual’s possession or control. The court must
issue the anticipatory search warrant if the affidavit establishes probable cause to believe that if the respondent
refuses to immediately comply with the order, there is a fair probability that the respondent’s firearm(s) or concealed
pistol license will be found in the location or locations to be searched. MCR 3.718(C).

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attend a hearing to modify or rescind the order as provided in MCR 3.718(D)(3).

MCL 691.1809(1)(e); MCR 3.719(A)(6).

g. Motions: A statement that the respondent may file a motion to modify or rescind the
order as allowed under MCL 691.1801 et seq., and that motion forms and filing
instructions are available from the clerk of the court. MCL 691.1809(1)(f); MCR
3.719(A)(7).

h. Law Enforcement Agency Designation: A designation of the law enforcement

agency that is responsible for forwarding the order to the Federal Bureau of
Investigation under MCL 691.1815(1). The designated law enforcement agency must
be an agency within whose jurisdiction the respondent resides. MCL 691.1809(1)(g);
MCR 3.719(A)(8).

i. LEIN Entry: Directions to a local entering authority or the law enforcement agency
designated under MCL 691.1809(1)(g) to enter the order into LEIN. MCL
691.1809(1)(h); MCR 3.719(A)(9).

j. Order Violations: A statement that violating the order will subject the respondent to
the following. MCL 691.1809(1)(i); MCR 3.719(A)(10).
i. Immediate arrest;
ii. Contempt of court;
iii. An automatic extension of the order; and
iv. Criminal penalties, including imprisonment for up to one year for an initial
violation and up to five years for a subsequent violation.

k. Right to an Attorney: A statement that the respondent has the right to seek the
advice of, and be represented by, an attorney. MCL 691.1809(j); MCR 3.719(A)(11).

l. Expiration Date: An expiration date that is one year after the date of issuance. MCL
691.1809(k); MCR 3.719(A)(12).

2. Immediate Effect: An ERPO is effective and enforceable immediately after it is issued by

the court. The order may be enforced anywhere in Michigan by a law enforcement agency
that receives a true copy of the order, is shown a copy of it, or has verified its existence in
LEIN as provided by the C.J.I.S. Policy Council Act or on an information network
maintained by the FBI. MCL 691.1809(2).

SCAO Form

CC 458a, Affidavit For Anticipatory Search Warrant Extreme Risk Protection Order:
This form is used by a law enforcement officer to request an anticipatory search warrant
pursuant to MCR 3.718(C).

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CC 458, Anticipatory Search Warrant (Extreme Risk Protection Order): If a court orders
the respondent’s firearms be immediately surrendered, the court must also issue an
anticipatory search warrant subject to the provisions in MCR 3.718(C). This form is used for
that purpose.

Serving an Order
1. Service by Petitioner: Unless the court ordered the immediate surrender of firearms, the
petitioner is responsible for service of the order on the respondent as provided in MCR
2.105(A). If the respondent is a minor, and the whereabouts of the respondent’s parent(s),
guardian, or custodian is known, the petitioner must also in the same manner serve the order
on the respondent’s parent(s), guardian, or custodian. On an appropriate showing, the court
may allow service in another manner as provided in MCR 2.105(J). Failure to serve the
order does not affect its validity or effectiveness. MCR 3.719(B)(1).

2. Service by Law Enforcement: If the court ordered the immediate surrender of the
respondent’s firearms, the order must be served personally by a law enforcement officer.
MCR 3.719(B)(2). If the respondent has not been served, a law enforcement officer who
knows that the order exists may, at any time, serve the respondent with a true copy of the
order or advise the respondent of the existence of the order, the specific conduct enjoined, the
penalties for violating the order, and where the respondent may obtain a copy of the order.
MCL 691.1813(2).

3. Proof of Service: The individual who serves an ERPO, or the law enforcement officer who
gives oral notice of the order, must file proof of service or proof of oral notice within one
business day after service. MCL 691.1813(3); MCR 3.719(B)(3).

4. Service Fees: A person shall not charge or collect a fee for serving process issued in an
action brought under the ERPO Act, or for serving any order issued in the action. MCL
600.2559(9).

SCAO Form

CC 457, Proof of Personal Service/Oral Notice (Extreme Risk Protection Order): Law
enforcement officers may use this form to file proof of service that they either personally
served or orally notified the respondent of the ERPO.

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Respondent Responsibilities
1. Required Action: Not later than 24 hours after the respondent receives a copy of the ERPO
or has actual notice of the order, the respondent must do one of the following:

a. Filing (Surrender): File with the court that issued the order one or more
documents or other evidence verifying that all of the following are true:

i. All firearms previously in the respondent’s possession or control were

surrendered to or seized by the local law enforcement agency designated
under MCL 691.1809(1)(g), or if allowed as ordered by the court, to a
licensed firearm dealer on the list prepared under MCL 691.1818, and;

ii. Any concealed pistol license was surrendered to or seized by the local law
enforcement agency designated under MCL 691.1809(1)(g) or surrendered
to the county clerk as required by the order and MCL 28.428, and;

iii. At the time of the verification, the respondent does not have a firearm or a
concealed pistol license in the respondent’s possession or control. MCL
691.1810(1)(a); MCR 3.719(D)(1)(a).

b. Filing (No Firearm/CCW): File with the court that issued the order one or more
documents or other evidence verifying that both of the following are true:

i. At the time the order was issued, the respondent did not have a firearm or
a concealed pistol license in the respondent’s possession or control; and

ii. At the time of the verification, the respondent does not have a firearm or a
concealed pistol license in the respondent’s possession or control. MCL
691.1810(b); MCR 3.719(D)(1)(b).

If the court is closed when this 24-hour period expires, the respondent must complete the
required filing not later than the next business day. MCR 3.719(D)(1).

SCAO Form

CC 459, Verification of Compliance with Extreme Risk Protection Order: This form can
be used by respondents to complete this required verification filing with the court.

Clerk Responsibilities
1. Review Proof of Service: The clerk of the court must review the proof of service filed with
the court and determine whether the respondent has complied with the filing requirements in

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MCR 3.719(D)(1). If the respondent has not complied with the filing requirements, the clerk
must notify the local law enforcement agency identified in the order and the assigned judge
of the respondent’s failure to comply with the filing requirements. The clerk of the court
must again notify the local law enforcement agency and the assigned judge when the
respondent has complied with the filing requirements. MCR 3.719(D)(2).

a. Court Action: If the respondent fails to comply with the filing requirements, the
court must issue either a bench warrant or an order to show cause.

i. Show Cause: If issuing an order to show cause, the hearing must be scheduled
within 5 days of the date the proof of service is filed with the court. The court
may cancel the show cause if the respondent makes the required filings. If the
respondent fails to appear for the show cause hearing, the court must issue a
bench warrant. MCR 3.719(D)(2)(b).

ii. Bench Warrant: If issuing a bench warrant, a law enforcement officer may file
an affidavit requesting that the court issue a search warrant to search the
location or locations where the firearm(s) or concealed pistol license is believed
to be and to seize any firearm(s) or concealed pistol license discovered during
the search. The law enforcement officer’s affidavit may include affirmative
allegations contained in the complaint. If the affidavit establishes probable
cause to believe the location or locations to be searched are places where the
firearm(s) or concealed pistol license is believed to be, the court must issue the
search warrant.

The court may recall the bench warrant if the respondent makes the required
filings. MCR 3.719(D)(2)(b).

2. Additional Responsibilities: The clerk of the court that issues an ERPO must also do all of
the following immediately after issuance and without requiring a proof of service on the
respondent. MCL 691.1811

a. Provide a true copy of the order to the law enforcement agency designated under
MCL 691.1809(1)(g).

b. Provide the petitioner with at least two true copies of the order.

c. If the respondent is identified in the complaint as an individual described in MCL

691.1805(5), notify the individual’s employer, if known, of the existence of the order.

d. Notify the Michigan State Police and the clerk of the respondent’s county of
residence of the ERPO for the purposes of performing their duties under MCL 28.421
to MCL 28.435.

e. Inform the petitioner that the petitioner may take a true copy of the order to the law
enforcement agency designated under MCL 691.1809(1)(g) to be immediately

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provided to the FBI and, unless a local entering authority is designated under MCL
691.1809(1)(h), into LEIN.

The clerk shall also immediately notify the law enforcement agency designated under MCL
691.1809(1)(g) if any of the following occur.

a. The clerk receives proof that the respondent has been served.

b. The order is rescinded, modified, or extended.

c. The order expires without being extended.

Law Enforcement Responsibilities

1. Required Action: Upon receiving a true copy of the ERPO, the law enforcement agency
designated in the order shall immediately, and without requiring proof of service, do both of
the following. MCL 691.1815(1).

a. LEIN Entry: Unless a local entering authority is designated under MCL

691.1809(1)(h), enter the ERPO into LEIN as provided by the C.J.I.S. Policy Council
Act.

b. FBI Reporting: Report the entry of the ERPO to the Criminal Justice Information
Services Division of the FBI for purposes of the national crime information center.

The law enforcement agency must also enter information into LEIN and report to the FBI
regarding the ERPO being served, rescinded, modified, extended, or expired. MCL
691.1815(2).

2. Service: If an ERPO has not been served on the respondent, a law enforcement agency or
officer responding to a call alleging a violation of the ERPO shall serve the respondent with a
true copy of the ERPO or advise the respondent of the existence of the order, the specific
conduct enjoined, the penalties for violating the order, and where the respondent may obtain
a copy of the order. MCL 691.1815(3).

Subject to the compliance section below, the law enforcement officer shall enforce the order
and immediately enter or cause to be entered into LEIN and report to the FBI that the
respondent has actual notice of the order. Id.

a. Compliance: Under these circumstances, the law enforcement officer must give the
respondent an opportunity to comply with the ERPO before the law enforcement
officer makes a custodial arrest for violating the order. The failure by the respondent
to comply with the order is grounds for an immediate custodial arrest. This does not
preclude an arrest under MCL 764.15 or MCL 764.15a. MCL 691.1815(4).

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3. Seizure: The law enforcement agency ordered to seize a firearm under an ERPO shall do all
of the following: (1) seize the firearm identified in the ERPO from any place or from any
individual who has possession or control of the firearm and (2) seize any other firearms
discovered that are owned by or in the possession or control of the respondent or if allowed
under other appliable law. MCL 691.1815(5).

a. Tabulation: A law enforcement officer who seizes a firearm under an ERPO shall
give a tabulation of firearms seized as required by MCL 780.655 to the individual
from whom the firearms were taken. If no individual is present at the time of seizure,
the officer shall leave the tabulation in the place where the officer found the firearms
that were seized. MCL 691.1815(6).

b. Storage: The law enforcement agency that seizes a firearm under an ERPO shall
retain and store the firearm subject to order of the court that issued the ERPO. MCL
691.1815(7).

i. Court Action: In addition to any other order that the court determines
appropriate, the court shall order that the respondent may reclaim the firearm
when the ERPO expires or is terminated unless the respondent is prohibited for
another reason from owning or possessing a firearm, or order that the firearm be
transferred to a licensed firearm dealer if the respondent sells or transfers
ownership of the firearm to the dealer. Id.

Subject to MCL 691.1815(7)-(8), if an individual other than the respondent

claims title to a firearm seized under an ERPO, the firearm must be returned to
the claimant if the court determines that the claimant is the lawful owner. MCL
691.1815(11).

Before allowing the respondent to reclaim a firearm and to determine whether the
respondent is prohibited from owning or possessing a firearm for another reason, the
law enforcement agency shall conduct a verification under LEIN and the national
instant criminal background check system in the same manner as required under
section 5b(6) of 1927 PA 372, MCL 28.425B.

A law enforcement agency from whom a respondent reclaims a firearm under MCL
691.1815(7) shall enter into LEIN and notify the FBI that the court has ordered the
firearm returned on expiration of the ERPO. MCL 691.1815(8).

If the respondent fails to reclaim a firearm within 90 days after the ERPO expires or
is terminated, the law enforcement agency storing the firearm shall proceed as for a
firearm subject to disposal under MCL 750.239 and MCL 750.239a, or follow the
procedures for property under MCL 434.21 to MCL 434.29. MCL 691.1815(10).

4. Failure to File: If the law enforcement agency is notified by the clerk of the court that the
respondent has not complied with the filing requirements of MCR 3.719(A)(1), the local law
enforcement agency must make a good-faith effort to determine whether there is evidence

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that the respondent has failed to surrender a firearm or concealed pistol license in the
respondent’s possession or control as required. MCL 691.1810(3).

Motions to Modify or Rescind an ERPO

1. Petitioner: The petitioner may file a motion to modify or terminate the ERPO and request a
hearing at any time after the ERPO is issued. MCR 3.720(A)(1)(a). There are no motion
fees.

2. Respondent:

a. Original Order: The respondent may file one motion to modify or terminate an
ERPO during the first six months that the order is in effect and one motion during the
second six months that the order is in effect. MCR 3.720(A)(1)(b).

b. Extended Order: If the ERPO is extended under MCR 3.720(B), the respondent may
file one motion to modify or terminate the order during the first six months that the
extended order is in effect, and one motion during the second six months that the
extended order is in effect. Id.

c. Additional Motions: If the respondent files more than one motion during these
times, the court must review the motion before a hearing is held and may summarily
dismiss the motion without a response from the petitioner and without a hearing. Id.

3. Burden and Legal Standard: The moving party carries the burden and must prove by a
preponderance of the evidence that the respondent no longer poses a risk to seriously
physically injure another individual or the respondent by possessing a firearm. MCR
3.720(A)(1)(c).

4. Service: The nonmoving party must be served, as provided in MCR 2.107 at the mailing
address or addresses provided to the court, the motion to modify or terminate and the notice
of hearing at least 7 days before the hearing date. MCR 3.720(A)(2).

a. Petitioner’s Motion: The petitioner must serve the petitioner’s motion on the
respondent.

b. Respondent’s Motion: The clerk of the court must serve the respondent’s motion on
the petitioner due to the confidential nature of the petitioner’s address.8

5. Scheduling: The court must schedule and hold a hearing on a motion to modify or terminate
an ERPO within 14 days of the filing of the motion. MCR 3.720(A)(3).

8
Unless the petitioner electronically filed the case under MCR 1.109(G) and the respondent has registered with the
electronic-filing system. In that instance, the respondent must serve the petitioner electronically at the petitioner’s
registered email address.

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6. Notice of Modification/Termination: If an ERPO is modified or terminated, the clerk must

immediately notify the law enforcement agency specified in the order of the change. A
modified or terminated order must be served on the respondent as provided in MCR 2.107.

SCAO Forms

INST CC 460, Instructions for Motion to Modify, Terminate, or Extend Extreme

Risk Protection Order: These are instructions for how to file a motion to modify,
terminate, or extend an ERPO.

CC 460, Motion to Modify, Rescind, or Extend Extreme Risk Protection Order: This
form may be used by either the petitioner or respondent to motion the court to modify,
rescind, or extend the ERPO.

CC 461, Order on Motion to Modify, Terminate, or Extend Extreme Risk Protection

Order: This is an order the court may enter when ruling on a motion to modify, terminate,
or extend an ERPO.

ERPO Extensions
1. Motion: Upon motion by the petitioner or the court’s own motion, the court may issue an
extended ERPO that is effective for one year after the expiration of the preceding order.
There are no motion fees.

a. Service: The respondent must be served the motion to extend the order and the notice
of hearing at least 7 days before the hearing date as provided in MCR 2.107 at the
mailing address or addresses provided to the court. Failure to timely file a motion to
extend the effectiveness of an ERPO does not preclude the petitioner from
commencing a new ERPO action regarding the same respondent, as provided in MCR
3.716.

i. Petition’s Motion: The petitioner must serve the petitioner’s motion on the
respondent.

ii. Court’s Own Motion: The clerk of the court must serve both the petitioner and
the respondent if upon the court’s own motion.

b. Legal Standard: The court must only issue the extended order under MCR
3.720(B)(1) if the preponderance of the evidence shows that the respondent can
reasonably be expected within the near future to intentionally or unintentionally
seriously physically injure themselves 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. MCR 3.720(B)(1)(b).

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2. Automatic Extensions: If the court or a jury finds that the respondent has refused or failed to
comply with an ERPO, the court that issued the order must issue an extended ERPO effective
for one year after the expiration of the preceding order. MCR 3.720(B)(2).

3. Minors and Legally Incapacities Individuals: Petitioners or respondents who are minors or
legally incapacitated individuals must proceed through a next friend, as provided in MCR
3.716(G).

4. Notice of Extension: If the court issues an extended ERPO, it must enter an amended order.
The clerk must immediately notify the law enforcement agency specified in the order if the
court enters an amended order. The petitioner must serve an amended order on the
respondent as provided in MCR 2.107. MCR 3.720(B)(3).

ERPO Violations
1. Contempt of Court: If the respondent violates the ERPO, the prosecuting attorney for the
county in which the order was issued or a law enforcement officer may file a motion,
supported by appropriate affidavit, to have the respondent found in contempt. There is no
fee for such a motion. If the motion and affidavit establish probable cause for finding
contempt, the court must either:

a. Show Cause: Order the respondent to appear at a specified time to answer the
contempt charge. The hearing must be held within 5 days. The prosecuting attorney
or law enforcement officer must serve the motion to show cause and the order on the
respondent and petitioner as provided in MCR 2.107; or

b. Bench Warrant: Issue a bench warrant for the arrest of the respondent.

2. Search Warrant: If the violation alleges that the respondent has a firearm or concealed pistol
license in the respondent's possession or control, a law enforcement officer or prosecuting
attorney may also file an affidavit requesting that the court issue a search warrant to search
the location or locations where the firearm(s) or concealed pistol license is believe to be and
to seize any firearm(s) or concealed pistol license discovered during the search. The law
enforcement officer’s affidavit may include affirmative allegations contained in the
complaint. If the affidavit establishes probable cause to believe the location or locations to
be searched are places where the firearm(s) or concealed pistol license is believe to be, the
court must issue the search warrant. MCR 3.721(C).

3. Arraignment: At the respondent’s first appearance before the court for arraignment on a
contempt charge, the court must advise the respondent:

a. Of the alleged violation;

b. Of the right to contest the charge at a contempt hearing; and

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c. That they are entitled to a lawyer’s assistance at the hearing and, if the court
determines it might sentence the respondent to jail, that the court, or the local funding
unit’s appointing authority if the local funding unit has determined that it will provide
representation to respondents alleged to have violated an ERPO, will appoint a lawyer
at public expense if the individual wants one and is financial unable to retain one

The court must also appoint a lawyer or refer the matter to the appointing authority (if
requested and appropriate), set a reasonable bond pending a hearing, and take a guilty plea or
schedule a hearing.

4. Guilty Pleas: The respondent may plead guilty to the violation, but the court must first advise
the respondent:

a. That by pleading guilty they are giving up their right to a contested hearing, and if the
respondent is proceeding without legal representation, the right to a lawyer’s
assistance;

b. Of the maximum possible jail sentence for the violation; and

c. That if they plead guilty to violating the ERPO, the court will automatically extend
the duration of the ERPO for one year after the expiration of the preceding order.

The court must also ascertain that the plea is understandingly, voluntarily, and knowingly
made; and establish factual support for a finding that the respondent is guilty of the alleged
violation. MCR 3.721(E).

5. Hearings

a. Scheduling: Set a date for the hearing at the earliest practicable time. If the
respondent is in custody for an alleged ERPO violation, the hearing must be held
within 72 hours after arrest, unless extended by the court on the motion of the
respondent or prosecuting attorney.

If the alleged violation is based on a criminal offense that is a basis for a separate
criminal prosecution, upon motion of the prosecutor, the court may postpone the
hearing for the outcome of that prosecution. MCR 3.721(F)(1)(c).

b. Notification: The court must notify the prosecuting attorney, the petitioner and
petitioner’s attorney, if any, and the law enforcement officer that filed the motion, if
applicable, of the contempt proceeding and direct the party to appear at the hearing
and give evidence on the charge of contempt. MCR 3.721(F)(2)-(3).

c. Conduct of Hearing

i. The prosecuting attorney must prosecute the proceeding.

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ii. There is no right to a jury trial.

iii. The respondent has the right to be present at the hearing, to present evidence,
and to examine and cross-examine witnesses.

iv. The rules of evidence apply. The prosecutor carries the burden of proof.

v. Upon the conclusion of the hearing, the court must find facts specifically, state
separately its conclusions of law, and direct entry of the appropriate judgment.

vi. The court must state its findings and conclusion on the record or in a written
opinion made a part of the record.

vii. If the respondent is found in contempt, the court may impose sanctions as
provided by MCL 600.1701 et seq. MCR 3.721(H).

SCAO Forms

CC 462, Motion to Show Cause for Violating Extreme Risk Protection Order: This form
is used for filing a motion for the respondent to answer a contempt of court charge.

CC 463, Order Regarding Show Cause for Violating Extreme Risk Protection Order:
This form is used to order the respondent to appear for a show cause hearing, or to order a
bench warrant be issued.

CC 464, Order After Hearing on Show Cause for Violating Extreme Risk Protection
Order: This form is used to enter an order following a hearing for violating an ERPO.

6. Criminal Penalties: An individual who refuses or fails to comply with an ERPO is guilty
and subject to the penalties as follows, which may be imposed in addition to a penalty
imposed for another criminal offense arising from the same conduct. MCL 691.1819(1).

a. First Offense: Felony punishable by a maximum of 1 year imprisonment and a

$1,000 fine. MCL 691.1819(1)(a).

b. Second Offense: Felony punishable by a maximum of 4 years and a $2,000 fine.

MCL 691.1819(1)(b).

c. Third or Subsequent Offense: Felony punishable by a maximum of 5 years and a

$20,000 fine. MCL 691.1819(1)(c).

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List of Licensed Firearm Dealers

Each circuit court shall prepare a list of trusted9 licensed firearm dealers located in the
jurisdiction of the circuit court. In preparing this list, the court may obtain a list of currently
licensed firearm dealers in the court’s jurisdiction from the United States Bureau of Alcohol,
Tobacco, Firearms, and Explosives. MCL 691.1818.

Additional Criminal Penalties

1. False Statements—Petitioner: A petitioner who knowingly and intentionally makes a false
statement to the court in the complaint or in support of the complaint for an ERPO is guilty
and subject to the following penalties. MCL 691.1819(4).

a. First Offense: Misdemeanor punishable by a maximum of 93 days imprisonment and

a $500 fine. MCL 691.1819(4)(a).

b. Second Offense: Felony punishable by a maximum of 4 years and a $2,000 fine.

MCL 691.1819(4)(b).

c. Third or Subsequent Offense: Felony punishable by a maximum of 5 years and

a $20,000 fine. MCL 691.1819(4)(c).

2. Knowingly Place Firearm—Possession of Respondent: An individual who knowingly

places a firearm in the possession of an individual who is restrained under an extreme risk
protection order is guilty of a felony punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.

Annual Report
1. Required Actions: The State Court Administrative Office, acting at the direction of the
Michigan Supreme Court, shall prepare an annual report on and relating to the application of
the ERPO Act by the courts. The report must be published annually and be provided to the
legislature and the legislative committees with jurisdiction over judicial matters. MCL
691.1821(1).

The data used to prepare the report must be made available annually to individuals,
including, but not limited to, the Institute for Firearm Injury and other researchers affiliated
with institutions of higher education who are conducting academic or policy research,
including, but not limited to, any disproportionate or discriminatory impact of the ERPO Act
on members of protected classes. MCL 691.1821(4).

9
The Extreme Risk Protection Order Act does not define “trusted” or explain how such a determination should be
made.

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The report must contain the following information:

a. Numerical Data: Information on the number of:

i. Actions filed for an ERPO
ii. Requests made for an ERPO to be issued without notice.
iii. ERPO’s issued and denied.
iv. ERPO’s issued and denied without notice.
v. ERPO’s that are rescinded,
vi. ERPO’s that are entered without notice that are rescinded.
vii. ERPO’s that are renewed.

b. New Criminal Offenses: To the extent ascertainable from available state court data,
then number of individuals who are restrained under an ERPO who, within 30 days
after entry of the order, are charged with a criminal offense. The report must identify
the nature of the criminal offense, whether it was an offense for the violation of the
ERPO, and the disposition or status of the offense.

c. Petitioner Prosecutions: To the extent ascertainable from available state court data,
the number of petitioners who were prosecuted for knowingly and intentionally
making a false statement to the court in a complaint or in support of the complaint for
an ERPO.

d. Firearm and Ammunition Prosecution: To the extent ascertainable from available

state court data, the number of individuals who were prosecuted for knowingly
placing a firearm or ammunition in the possession of a restrained individual.

e. Demographic Information: Demographic data regarding the individuals who are

petitioners and respondents in actions for ERPO’s.

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