As you may be aware, Governor Gretchen Whitmer signed into law the Extreme Risk Protection Order Act, also known as the “red flag gun law,” last year. That law officially goes into effect starting February 13, 2024. It is important for landlords and other senior living providers in the state of Michigan to understand how the law will impact them and their tenants.

The Extreme Risk Protection Order Act allows for law enforcement officers, certain health care providers, family members, and those residing in the same household of people who might be a risk to themselves or others, to petition a judge for an Extreme Risk Protection Order that would require an individual to surrender any firearms to law enforcement. If the judge decides that there is a significant risk of injury to that individual or others, the court may issue an Extreme Risk Protection Order, giving that individual 24 hours to surrender any firearms to law enforcement. In some emergency instances where immediate injury will result from any delay in petitioning the court and serving the order upon an individual, the police may accelerate the process by immediately seizing that individual’s firearms without advance notice.

While many senior living communities have policies that ban firearms from the premises, this law will provide an extra layer of protection for communities to protect their residents from dangerous individuals who may possess a firearm. It is important to keep in mind that independent living providers cannot petition the court on their own for an Extreme Risk Protection Order. Rather, if a resident or a resident’s family member is making threats in the community, the housing provider should report the threats immediately to law enforcement and ask the police to petition for an Extreme Risk Protection Order. Senior living providers also can encourage a resident to petition for an Extreme Risk Protection Order against a family member who is threatening that resident or others in the community.

Michigan senior living providers should be aware of these changes to the law and should update their firearm policies accordingly. Staff should be educated on the change to the policy and the potential ramifications for the community if the policy is not followed.

Should you have any questions regarding the implementation of the Extreme Risk Protection Order Act or have any senior living related concerns, please do not hesitate to contact a member of our Senior Living Practice Group.

Any information included here or through our website is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our website, no attorney client relationship is created.

Impact of 'Red Flag' Laws on Senior Living Communities in Michigan

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