New Michigan ERPO Data, Released on Two Year Mark of MSU Shooting, Shows Efficacy of Critical Gun Violence Prevention Law

LANSING, Mich. — Yesterday, on the two year mark of the mass shooting at Michigan State University, the state of Michigan State Court Administrative Office released its first year report on Extreme Risk Protection Orders (ERPOs). ERPOs, also known as “Red Flag” laws, enable loved ones or law enforcement to petition a civil court to temporarily restrict access to firearms for individuals in crisis, allowing them to take action and intervene before a tragedy occurs. Michigan Democrats passed an ERPO law in the wake of the MSU shooting and the law went into effect on  February 13, 2024.

“The Extreme Risk Protection Order data from the first year prove that this law is meeting a clear need in Michigan and individuals around the state are turning to this tool to help protect their families and communities from tragedy,” said Chelsea Parsons, senior director of implementation at Everytown for Gun Safety. The two year mark of the shooting at MSU reminds us why life-saving gun safety laws like ERPO are so important and we look forward to continuing to work with leaders around the state to raise awareness about this law and support efforts to ensure its effective implementation.”

The report shared the following key takeaways:

• A total of 391 ERPO complaints were filed in the first year of this law, proving that the ERPO law is meeting a clear need in Michigan.

• Judges are reviewing these petitions carefully and holding petitioners to a high burden of proof before granting a request for an ERPO. The court process is not just a rubber stamp –  judges denied 84 ERPO complaints, proving that these cases are receiving careful consideration and due process is being followed.

• The ERPO process is not being abused or used inappropriately – there have been zero cases of people being charged with making false statements to the court in an ERPO complaint.

• ERPOs work – there have been zero cases where a person subject to an ERPO was charged for failing to comply with the court’s order.

Today, February 14, 2025, marks seven years since the shooting at Marjory Stoneman Douglas High School in Parkland, Florida rocked the nation. Following the shooting, then-Governor Rick Scott and a Republican dominated legislature enacted a Red Flag law. Since then, lawmakers across the country have followed suit, with 16 other states and Washington, D.C., including Michigan, passing Extreme Risk laws, bringing the total number of states with these laws to 21. As of 2024, just over half the United States population lives in a state with an Extreme Risk law. 

Under current federal law, a person is only prohibited from having guns if they fall into one of several categories, including those convicted of certain crimes, adjudicated as mentally ill or involuntarily committed to a psychiatric hospital, or who are subject to a final domestic violence restraining order. A person who displays warning signs of suicide or other acts of violence, but who is not prohibited under current law, would still be legally able to buy and possess guns. Extreme Risk laws help to fill this gap, protecting public safety and allowing people in crisis the chance to seek the help they need.

ERPOs are designed for severe crises and a small number of individuals who may not respond to other interventions. The goal isn’t quantity – it’s using this option effectively in the right circumstances. Though Extreme Risk laws have been proven effective in reducing rates of gun suicide and have prevented countless acts of gun violence across the country, these laws are most effective when they are thoughtfully drafted and implemented, and when there is widespread awareness of their existence.

While ERPO usage has increased significantly, wide variations persist between and within states, suggesting a need for ongoing and robust implementation of these laws, including training for key stakeholders and public education. In 2022, Everytown Support Fund partnered with the Johns Hopkins Center for Gun Violence Solutions to create a comprehensive guide for successful implementation of ERPO laws that provides detailed guidance for state and local leaders. Everytown also launched the Everytown Implementation Center to help states and localities develop comprehensive plans to ensure effective implementation of gun safety laws like ERPO.

Everytown researchers recently interviewed six “ERPO champions” from every region of the country, in both large cities and rural areas. Included are several law enforcement officers, an Assistant Attorney General, and a District Attorney’s Office Victim’s Assistance Manager, among others. Each conversation provides insights into the process followed in their jurisdictions, the stakeholders involved, the types of use cases, the challenges faced, and the lessons learned that others can apply to their own communities. The interviews can be found here.
In Michigan, approximately 1,412 people are killed by firearms every year and 2,983 are wounded by guns. An average of 115 children and teens die by guns every year in the state – two thirds third of those deaths being firearm homicide. Gun violence costs Michigan $16.8 billion each year, of which $380.5 million is paid by taxpayers. More information about gun violence in Michigan is available here.