Report Shows 391 Complaints Filed Under New 'Red Flag' Law 

02/13/25 12:14 PM - By Team MIRS

(Source: MIRS.news, Published 02/12/2025) The Michigan Legislature on Wednesday received its inaugural annual report as a result of the "red flag" bill package signed into law in 2023. 


A total of 391 complaints were filed under the Extreme Risk Protection Order Act (ERPO), known as a "red flag" law, from Feb. 13, 2024, when the act was effective, to Dec. 31, 2024, according to the report. 

The report shows that at least 31 individuals – or 11.4 percent – restrained by an ERPO were charged with 74 criminal offenses within 30 days of the ERPO's entry.  

None of those charges were for refusing or failing to comply with an ERPO, according to the report. However, 22 charges were related to firearms or ammunition. 

The most frequently charged offense was domestic violence followed by resisting police. 

Early in 2023, Democrats passed a package of gun safety bills that allows someone, including a family member or law enforcement, to petition a circuit court to place an individual under an ERPO. 

Other statistics from the report

- Of the 391 complaints made, 384 were against adult respondents and seven involved a minor. 

- Of those filed, eight were rescinded after a hearing, six were dismissed or withdrawn by the petitioner and 84 were denied. 

- Of the complaints against adults, 237 requested an ex parte order and 111 requested an immediate emergency ex parte order, which is a decision made by a judge without requiring the parties to be present. 

State statute makes it a 93-day misdemeanor for making a false statement in an ERPO complaint. No petitioner was charged with this offense. 

A second and third offense are felonies punishable by up to four years and five years in prison, respectively. 

The state Supreme Court adopted rules in February 2024 to implement the "red flag" act. 


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