Red Flag Rules for Extreme Risk Protection Orders-Firearms Act

KOMORN LAW

STATE and FEDERAL
Aggressive Legal Defense
All Criminal Allegations / DUI / Drugs
Since 1993

Michigan Supreme Court – These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act. Red Flag Laws.

Effective February 13, 2024

On February 6, 2024, the Michigan Supreme Court issued ADM File No. 2023-24, which adopts amendments to MCR 3.701 and the addition of MCR 3.715, .716, .717, .718, .719, .720, .721, and .722, effective February 13, 2024.

These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act, the Code of Criminal Procedure, and the Revised Judicature Act in May of 2023.

  • MCR 3.715 Definitions. Several terms are defined within this rule, including “complaint,” “existing action,” “minor,” “petitioner,” and “respondent.” In addition, MCR 3.715 indicates that the terms “dating relationship,” “possession or control,” “family member,” “guardian,” “health care provider,” “law enforcement agency,” and “law enforcement officer,” mean those terms as defined in MCL 691.1803.
  • MCR 3.716 Commencing an Extreme Risk Protection Action. An extreme risk protection action is an independent action commenced by filing a complaint with the family division of the circuit court. A complaint may be filed regardless of whether the respondent owns or possesses a firearm and must be prepared on a form approved by the State Court Administrative Office and submitted with the complaint. An extreme risk protection action may only be commenced by
    • the spouse or former spouse of the respondent;
    • an individual who has a child in common with, has or has had a dating relationship with, or resides or has resided in the same household as the respondent;
    • a family member;
    • a guardian of the respondent;
    • a law enforcement officer; or
    • a health care provider, under certain circumstances.

MCR 3.716 also details requirements for the complaint, a complaint against a minor, and venue.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

  • MCR 3.717 DismissalsExcept as otherwise specified in the rules, an action for an extreme risk protection order (ERPO) may only be dismissed upon motion by the petitioner prior to the issuance of an order.
  • MCR 3.718 Issuing Extreme Risk Protection OrdersExcept as otherwise provided in the rule, the court must rule on a request for an ex parte order within one business day of the filing date of the complaint and must expedite and give priority to ruling on a request for an ex parte order. MCR 3.718 also specifies the factual requirements for granting an ex parte order as well as the procedures for immediate emergency ex parte orders, an anticipatory search warrant, and hearings. The court must expedite and give priority to hearings required by the extreme risk protection act and must schedule a hearing for the issuance of an ERPO under certain circumstances detailed in the rule.
  • MCR 3.719 Orders. This rule details the form and scope of an order and stipulates the respondent’s response requirements, along with restrictions on concealed weapons and the process for surrendering firearms. Service, notice, and clerk of the court responsibilities are also covered in MCR 3.719.
  • MCR 3.720 Modification, Termination, or Extension of OrderThe petitioner may file a motion to modify or terminate the ERPO and request a hearing after the order is issued. 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 3.721 Contempt Proceedings for Violation of Extreme RiskIn general, an ERPO is enforceable under MCL 691.1810(4)–(5), 691.1815(4), and 691.1819(4)MCR 3.721 outlines the guidelines for motions to show cause, service, search warrants, arraignment, pleas of guilty, scheduling or postponing hearings, prosecution after arrest, and violation hearings.
  • MCR 3.722 Appeals. Appeals must generally comply with subchapter 7.200. Either party has an appeal of right from
    • an order granting, denying, or continuing an ERPO after a hearing under MCR 3.718(D); or
    • an order granting or denying an extended ERPO after a hearing under MCR 3.720(B).

The respondent has an appeal of right from a judgment of sentence for criminal contempt entered after a contested hearing.

The respondent has the lawful right to appeal a judgment of sentence for criminal contempt entered following a contested hearing.

Chief Justice Clement concurred with the proposed adoption of the ERPO court rules, but she wrote separately to address her concerns regarding inconsistent legal terminology used in the Extreme Risk Protection Order Act..

Among other linguistic inconsistencies, she emphasized that the Act “requires an individual to file “a summons and complaint” to initiate an ERPO action” but the nature of ERPO actions is consistent with that of a petition—not a complaint.

The Michigan Supreme Court has developed a range of SCAO forms aligned with the ERPO, showcasing their commitment to effective legal documentation.:

See the Court’s February 7, 2023 memorandum for more info.

 Court Form Information

https://www.courts.michigan.gov/4908b5/siteassets/forms/scao-approved/recent-revisions/eoc_erpo.pdf

Related Articles

People who are going to need a Lawyer – November 12, 2024

People who are going to need a Lawyer – November 12, 2024

People who are going to need a LawyerMan so drunk field sobriety tests were ‘too dangerous’ sentenced to life in prison for repeated DWI convictions‘Several terabytes’: Diddy prosecutors shed light on ‘voluminous’ discovery, including iCloud accounts and dozens of...

Cambridge Analytica data breach comes before court

Cambridge Analytica data breach comes before court

Oral arguments in Facebook v. Amalgamated Bank will beginThe justices are set to review securities law as they hear arguments in a significant case linked to the 2015 data breach involving Cambridge Analytica and Facebook. The tech giant’s effort to fend off federal...

Search and Seizure – Consent or Plain view

Search and Seizure – Consent or Plain view

The Fourth Amendment was established to protect individuals from unreasonable searches and seizures, yet there are exceptions.In Michigan, understanding the concepts of search and seizure, particularly regarding consent and plain view, is crucial for both law...

A drunk driving investigation, a car wreck and a blood draw

A drunk driving investigation, a car wreck and a blood draw

A Case Summary: People v. Blake Anthony-William BartonOn October 11, 2024, the Michigan Court of Appeals issued a decision in the case People of the State of Michigan v. Blake Anthony-William Barton. The case involved a drunk driving  investigation following a car...

More Posts

Michael Komorn-Criminal Defense Attorney

About Your Attorney

Attorney Michael Komorn

Categories

Other Topics

Driving Under the Influence

Michigan

Your Rights

Michigan Court of Appeals

Law Firm VIctories

Share This