Rule 3.719. Orders

(A) Form and Scope of Order. An order granting an extreme risk protection order must include the following provisions:

(1) Respondent Responsibilities. The respondent must complete the filing requirements contained in subrule (D)(1). A failure to comply with the filing requirements will result in the issuance of either a warrant or an order to show cause why the respondent should not be held in contempt of court.

(2) Purchase/Possession of Firearms. The respondent must not purchase or possess a firearm. If the respondent has been issued a license under MCL 28.422 that the respondent has not used and that is not yet void, the respondent must not use it and must surrender it to the law enforcement agency designated under MCL 691.1809(1)(g).

(3) Concealed Carry Licenses. The respondent must not apply for a concealed pistol license. If the respondent has been issued a license to carry a concealed pistol, the license will be suspended or revoked under MCL 28.428 once the extreme risk protection order is entered into the law enforcement information network (LEIN). The respondent must surrender the license to carry a concealed pistol as required by MCL 28.428.

(4) Firearm Surrender. The respondent must, within 24 hours, or at the court’s discretion, immediately after being served with the order, surrender any firearms in the respondent’s possession or control to the law enforcement agency designated under MCL 691.1809(1)(g), or if allowed as ordered by the court, to a licensed firearm dealer on the list prepared under MCL 691.1818. If the court orders the respondent to immediately surrender the individual’s firearms, the order must include a statement that the law enforcement agency designated under MCL 691.1809(1)(g) must proceed to seize the respondent’s firearms after the respondent is served with or receives actual notice of the extreme risk protection order, after giving the respondent an opportunity to surrender the respondent’s firearms. Unless the petitioner is a law enforcement officer or health care provider, there is a presumption that the respondent will have 24 hours to surrender the firearms.

(5) Firearm Description. If the petitioner has identified any firearms in the complaint, a specific description of the firearms to be surrendered or seized.

(6) Hearing Request. If the extreme risk protection order was issued without written or oral notice to the respondent, the order must include a statement that the respondent may request and attend a hearing to modify or rescind the order as provided in MCR 3.718(D)(3).

(7) Motions. A statement that the respondent may file a motion to modify or rescind the order as allowed under MCL 691.1801 et seq., and that motion forms and filing instructions are available from the clerk of the court.

(8) Law Enforcement Agency Designation. A designation of the law enforcement agency that is responsible for forwarding the order to the Federal Bureau of Investigation under MCL 691.1815(1). The designated law enforcement agency must be an agency within whose jurisdiction the respondent resides.

(9) LEIN Entry. Directions to a local entering authority or the law enforcement agency designated under MCL 691.1809(1)(g) to enter the order into LEIN.

(10) Order Violations. A statement that violating the order will subject the respondent to the following:

(a) immediate arrest;

(b) contempt of court;

(c) an automatic extension of the order; and

(d) criminal penalties, including imprisonment for up to one year for an initial violation and up to five years for a subsequent violation.

(11) Right to Attorney. A statement that the respondent has the right to seek the advice of, and be represented by, an attorney.

(12) Expiration Date. An expiration date that is one year after the date of issuance.

(B) Service.

(1) Except as provided in subrule (B)(2), the petitioner must serve the order on the respondent as provided in MCR 2.105(A). If the respondent is a minor, and the whereabouts of the respondent’s parent(s), guardian, or custodian is known, the petitioner must also in the same manner serve the order on the respondent’s parent(s), guardian, or custodian. On an appropriate showing, the court may allow service in another manner as provided in MCR 2.105(J). Failure to serve the order does not affect its validity or effectiveness.

(2) If the court ordered the immediate surrender of the respondent’s firearms, the order must be served personally by a law enforcement officer.

(3) Proof of service must be filed with the court within one business day after service.

(C) Oral Notice. If oral notice of the order is made by a law enforcement officer as described in MCL 691.1813(3), proof of the notification must be filed with the court by the law enforcement officer within one business day after the notification.

(D) Respondent Responsibilities.

(1) Not later than 24 hours after the respondent receives a copy of the extreme risk protection order or has actual notice of the order, the respondent must do one of the following:

(a) File with the court that issued the order one or more documents or other evidence verifying that all of the following are true:

(i) All firearms previously in the respondent’s possession or control were surrendered to or seized by the local law enforcement agency designated under MCL 691.1809(1)(g), or if allowed as ordered by the court, to a licensed firearm dealer on the list prepared under MCL 691.1818.

(ii) Any concealed pistol license was surrendered to or seized by the local law enforcement agency designated under MCL 691.1809(1)(g) or surrendered to the county clerk as required by the order and MCL 28.428.

(iii) At the time of the verification, the respondent does not have any firearms or a concealed pistol license in the respondent’s possession or control.

(b) File with the court that issued the order one or more documents or other evidence verifying that both of the following are true:

(i) At the time the order was issued, the respondent did not have a firearm or concealed pistol license in the respondent’s possession or control.

(ii) At the time of the verification, the respondent does not have a firearm or concealed pistol license in the respondent’s possession or control. If the court is closed when the 24-hour period expires, the respondent must complete the required filing not later than the next business day.

(2) Failure to File. The clerk of the court must review the proof of service filed with the court and determine whether the respondent has complied with the filing requirements of subrule (D)(1). If the respondent has not complied with the filing requirements of subrule (D)(1), the clerk and the court must take the following actions:

(a) Clerk of the Court. The clerk of the court must notify the local law enforcement agency identified in MCL 691.1809(1)(g) and the assigned judge of the failure to comply with the filing requirements. If this notice is provided, the clerk of the court must again notify the local law enforcement agency and the assigned judge when the respondent has complied with the filing requirements.

(b) Court. The court must issue either a bench warrant or an order to show cause to initiate contempt proceedings as identified in MCR 3.721. If issuing an order to show cause, the hearing must be scheduled within 5 days of the date the proof of service is filed with the court. The court may recall the bench warrant or cancel the order to show cause if the respondent makes the required filings identified in subrule (D)(1). If the respondent fails to appear for the show cause hearing, the court must issue a bench warrant. If the court issues a bench warrant under this subrule, a law enforcement officer may file an affidavit requesting that the court issue a search warrant to search the location or locations where the firearm(s) or concealed pistol license is believed to be and to seize any firearm(s) or concealed pistol license discovered during the search. The law enforcement officer’s affidavit may include affirmative allegations contained in the complaint. If the affidavit establishes probable cause to believe the location or locations to be searched are places where the firearm(s) or concealed pistol license is believed to be, the court must issue the search warrant.

(E) Clerk of the Court Responsibilities. The clerk of the court that issues an extreme risk protection order must complete the actions identified in MCL 691.1811.