Bill
HB 4140
HB 4140 repeals Michigan's 2023 ERPO law (PA 38), ending civil petitions, orders, and enforcement for firearm risk; restores pre-2023 framework. Effect depends on HB 4138/4139.
Status
- Bill number: HB 4140
- Primary action: Introduced (filed February–March 2025) and referred to committee(s)
- Sponsor(s): Rep. James DeSana (listed); other representative names appear on related documents
- Key procedural note: The bill is a “tie‑bar” measure — it does not take effect unless House Bill 4138 and House Bill 4139 of the 103rd Legislature are also enacted.
What the bill would do (plain language)
- HB 4140 would repeal the “Extreme Risk Protection Order Act” (2023 PA 38), which is codified at MCL 691.1801 through 691.1821. In practical terms, repealing that Act would remove the statute-authorized civil process that created and governed extreme risk protection orders (ERPOs) in Michigan.
Purpose and intent
- The bill’s explicit purpose is legislative repeal: to eliminate the statutory framework enacted in 2023 that permitted courts to issue ERPOs (sometimes called “red flag” orders) temporarily restricting a named individual’s access to firearms based on findings that the person poses a significant risk of harm to self or others.
Key effects and changes
- Eliminates statutory authority for ERPO petitions, temporary orders, final orders, procedures, and enforcement mechanisms established by 2023 PA 38.
- Removes any civil procedures, filing rights, and court timelines that were created by the repealed Act.
- A repeal would restore Michigan law to the pre‑2023 statutory framework regarding the availability (or absence) of court‑ordered temporary firearm restrictions through that particular civil mechanism.
Who would be affected
- Respondents: Individuals who otherwise could have been subject to ERPOs under 2023 PA 38.
- Petitioners and filers: Law enforcement agencies, family members, household members, or others who, under the repealed Act, could petition for an ERPO.
- Courts and law enforcement: Judicial processes, docketing, and enforcement procedures tied to ERPOs would be eliminated.
- Public safety and legal stakeholders: organizations and officials involved in risk‑based firearm interventions would be affected operationally and procedurally.
Procedural and timing details
- The bill includes an explicit enactment condition: it “does not take effect unless” HB 4138 and HB 4139 are also enacted. That tie‑bar makes implementation conditional on passage of the related measures.
- Legislative records show introduction and committee referrals in February–March 2025; additional readings and referrals are recorded later in 2025.
Important note about the file provided
- The document supplied also contains unrelated language from an Illinois bill titled the “Digital Age Assurance Act” (an unrelated HB 4140 in Illinois about age‑signal APIs). That material is not part of the Michigan repeal bill; it appears to be extraneous text included in the file. This summary focuses on the Michigan HB 4140 repeal of 2023 PA 38.
If you want, I can:
- Summarize the specific provisions of the 2023 ERPO statute being repealed (MCL 691.1801–691.1821) so you can see precisely what process and remedies would be removed; or
- Draft a brief comparison of current law (post‑2023) vs. law after repeal to show concrete changes.
Compiled from official sources — confirm details with the bill’s official record.
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