Red Flag Laws Save Lives: Why We Must Keep ERPOs in Place

Introduced after the February 2023 mass shooting at Michigan State University that killed three students, Michigan’s Extreme Risk Protection Order (ERPO) law allows family members, law enforcement and other individuals to bring an ERPO request to a judge if the person in question is believed to present a danger to themselves or others.

Two years ago, survivors, advocates, and community leaders fought to pass Michigan’s Extreme Risk Protection Order (ERPO) law. It wasn’t easy. It required courage—especially from survivors like Gabby, who shared their deeply personal and painful experiences with lawmakers and the public to highlight the life-or-death stakes of gun violence in abusive relationships. Now, that hard-won progress is at risk of being undone. A pair of bills have been introduced to repeal ERPO, jeopardizing a critical protection for survivors of domestic violence. We cannot let that happen.

Gabby’s Story: The Trauma of Advocacy

Gabby Dunai never imagined she would become an advocate. But after surviving intimate partner violence, she knew she had to speak out to help others.

“My ex’s gun was used more often than not to intimidate, control, and coerce my son and me into submission,” she recalls. “There were a few situations where I wasn’t sure of the outcome. If laws like ERPO had been in place at the time, I truly believe some of those incidents could have been prevented.”

Testifying in support of ERPO was one of the hardest things Gabby has ever done.

“It was surreal, nerve-wracking, and overwhelming to stand in front of strangers, cameras, and microphones, sharing some of the most traumatic experiences of my life,” she says.

“I remember the uncomfortable looks on people’s faces as I described being sexually assaulted at gunpoint while five months pregnant and being ambushed with a gun in front of my child. It was painful to relive, and I could see how upset everyone else was getting as well.”

Even after speaking, the emotional toll didn’t end.

“Because my testimony was public, I faced scrutiny and online bullying from people who felt their Second Amendment rights were being infringed. But I knew that sharing my story was necessary. If my voice could help even one survivor stay safe, then it was worth it.”

 

Why ERPO Matters for Survivors

For survivors of domestic violence, the presence of a firearm drastically increases the risk of lethality. Studies show that an abuser with access to a firearm is five times more likely to kill their partner. A gun in the hands of an abuser is not just a weapon—it is a tool of coercion, intimidation, and control. Gabby’s story is proof of that painful reality.

Michigan’s ERPO law provides a life-saving measure that removes firearms from dangerous situations before they turn deadly. Unlike a Personal Protection Order (PPO), which does not automatically require firearm relinquishment, an ERPO allows family members or law enforcement to petition a court to temporarily remove firearms from individuals who pose an immediate threat to themselves or others. It is a proactive measure designed to prevent tragedy rather than respond to it after the fact.

ERPO is Working – Repealing It Would Put Lives at Risk

The evidence is clear: ERPO is working. In the first year alone, nearly 300 firearms were removed from dangerous situations, and the most frequently charged offenses among those restrained by an ERPO were domestic violence-related (Michigan State Police, 2024). This shows that the law is doing exactly what it was intended to do—protect survivors and keep communities safe.

Opponents of ERPO claim it infringes on Second Amendment rights, but the facts tell a different story. Michigan’s courts carefully review each petition, and 84 ERPO petitions were denied in the first year, demonstrating that the system includes due process protections (Michigan Judiciary Report, 2024). No cases of false statements have been reported in ERPO filings. The law is not being misused—it is being used precisely as intended: to prevent harm.

Repealing ERPO would strip survivors of a critical tool for safety. It would mean that abusers who have already demonstrated they are a danger could continue to possess firearms. It would mean that the terrifying scenarios Gabby endured would remain unchecked for other survivors seeking safety.

It’s Time to Take Action to Protect ERPO

We cannot afford to let this life-saving law be repealed. Here’s how you can take action:

  1. Call Your Legislator: Tell them to oppose HB 4139 & 4140. Let them know that ERPO is saving lives and that we must keep it in place. Find your representative at michiganvotes.org/legislators.
  2. Learn more about the effectiveness of ERPOs in the Extreme Risk Protection Order Act 2024 Annual Report: https://www.courts.michigan.gov/49146f/siteassets/reports/erpo-2024-annual-report.pdf
  3. Attend the Legislative Advocacy Day on April 22, 2025: Join End Gun Violence Michigan and Moms Demand Action at the State Capitol to show lawmakers that our communities demand safety.
  4. Spread the Word: Share this information with your networks. The more voices speaking out in support of ERPO, the stronger our impact.

Gabby and other survivors fought hard to pass ERPO. We owe it to them—and to all those who rely on these protections—to fight just as hard to keep it in place. Lives are at stake, and together, we can ensure Michigan does not take a dangerous step backward.

 

 

Sources:

Michigan State Court Administrative Office (SCAO) 2024 Annual Report on ERPOs: https://www.courts.michigan.gov/49146f/siteassets/reports/erpo-2024-annual-report.pdf

Everytown for Gun Safety Press Release: https://www.everytown.org/press/new-michigan-erpo-data-released-on-two-year-mark-of-msu-shooting-shows-efficacy-of-critical-gun-violence-prevention-law

MIRS News Report: https://home.mirs.news/blogs/post/report-shows-391-complaints-filed-under-new-red-flag-law

Michigan Advance Article: https://michiganadvance.com/2025/02/14/nearly-300-gun-confiscation-orders-were-granted-in-michigans-first-year-of-red-flag-laws

WKFR News Report: https://wkfr.com/red-flag-law-michigan