Michigan local government and law enforcement leaders’ initial opinions of Michigan’s new "red flag" law
This report presents the views of Michigan’s local government leaders, county sheriffs, local chiefs of police, and county prosecutors regarding Michigan’s Extreme Risk Protection Order (ERPO) law, including confidence in training on proper ERPO implementation, in officer safety, and in ERPOs’ ability to reduce gun violence, as well as reports on which agencies are developing formal ERPO protocols. These findings are based on statewide surveys of local government leaders in the Spring 2024 wave of the Michigan Public Policy Survey (MPPS).
Key findings
- As of spring 2024, local government leaders’ familiarity with Michigan’s new Extreme Risk Protection Order (ERPO) legislation was relatively low, with a bare majority of 53% saying they are somewhat (41%) or very (12%) familiar with it. Meanwhile, 25% are mostly unfamiliar, and 18% are completely unfamiliar with the state’s new “red flag” law.
- Among those local government leaders with at least some familiarity, as well as among Michigan law enforcement leaders—sheriffs, local police chiefs, and county prosecutors—confidence in a range of issues related to the new law was also relatively low immediately following the enactment of the law in February of this year.
- Few local government leaders (29%), sheriffs and police chiefs (26%), or county prosecutors (21%) were confident that local non-law enforcement petitioners (e.g., mental health professionals or regular citizens) will use the ERPO process correctly.
- When it comes to confidence in local police officers’ training in ERPO implementation, all three groups express concerns about whether local officers have sufficient training to know when an ERPO is appropriate or training on how to petition the court to issue one.
- And although 49% of local officials are confident that local law enforcement officers will be safe when serving an ERPO, only 32% of prosecutors and 25% of sheriffs and police chiefs are confident in officers’ and deputies’ safety under the new law.
- When asked in spring 2024 whether the new ERPO law will reduce gun violence, 24% of Michigan local government officials, 23% of county prosecutors, 16% of police chiefs, and 12% of county sheriffs were either somewhat or very confident it will; majorities in each group were not confident that ERPOs will reduce gun violence, although these views were surveyed before most Michigan officials had experience with the process.
- Fewer than half of Michigan local law enforcement agencies have developed a formal protocol that officers use to determine when an ERPO is appropriate, with 39% saying they have developed one they are satisfied with and another 10% with one they feel needs revision. However, larger law enforcement agencies—those with over 41 full-time personnel—are much more likely to say they have an ERPO protocol they are satisfied with (70%).
- When asked to describe what additional resources or support would be helpful for implementing the ERPO Act, the most common responses among sheriffs and police chiefs were the need for more training and education and for more clarity on the law.