05/25/2023
Just so you know!!!
On Monday, May 22, 2023, Governor Gretchen Whitmer signed SB 83 (2023–2024) and HB 4146–4148 (2023–2024) into law, creating the Extreme Risk Protection Order Act and amending provisions of the Fi****ms Act, the Code of Criminal Procedure, and the Revised Judicature Act. 2023 PA 35–38 (eff. sine die).
Extreme Risk Protection Order Act (2023 PA 38)
This act allows certain individuals, as defined in the section 5 of the act, to file an action with a circuit court requesting the court to enter an extreme risk protection order (ERPO). If granted, an ERPO would prohibit a restrained individual from possessing or purchasing a firearm, among other prohibitions, for one year after the order was issued. See section 7, 9(1)(k).
An action for an ERPO may be brought concerning an individual whether or not that individual owns or possesses a firearm. Section 5(4). The complaint must show that
issuance of an extreme risk protection order is necessary because the respondent 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.
Section 5(3).
The act also details the procedures for filing, service, and issuance; outlines required provisions; delineates the court clerk’s responsibilities; and explains the consequences of noncompliance with an ERPO.
Amendments to Existing Acts (2023 PA 35–38)
HB 4146–4148 (2023–2024) amend several existing acts in accordance with the creation and implementation of the Extreme Risk Protection Order Act. HB 4146 (2023–2024) amends the Fi****ms Act to prohibit an individual who is subject to an ERPO from qualifying for a pistol license or qualifying for a concealed pistol license. 2023 PA 37. HB 4147 (2023–2024) amends the Revised Judicature Act to state that certain service of process provisions do not apply to service under the Extreme Risk Protection Order Act. 2023 PA 35. Finally, HB 4148 (2023–2024) amends the Code of Criminal Procedure to include several felonies for, among other things, first, second, and third violations of an ERPO and for making a false statement in a complaint for an ERPO. 2023 PA 36.
