LEIN ERPO Functionality Implementation and Training Overview

Extreme Risk Protection Order Entry Training (ERPO) LEIN Field Services Unit BH 05/25

Agency Go-Live June 23, 2025, at 12:00 p.m. Effective Monday, June 23, 2025, at 12:00 p.m., the LEIN ERPO functionality will be implemented and designated law enforcement agencies will be required to enter ERPOs directly into the LEIN. While the LFSU will be available to support user agencies with ERPO-related LEIN functionality during normal business hours (Monday Friday, 7:00 a.m. to 5:00 p.m.), the LFSU will discontinue entering ERPOs on behalf of designated law enforcement agencies. Updating Software/Talon Forms Agencies utilizing the Talon software through the Michigan Criminal Justice Information Network (MiCJIN) Portal to access the LEIN will immediately see the new forms and drop-down lists upon release on June 23, 2025, at 12:00 p.m. (EDT). Agencies utilizing the Talon software through a MultiBridge should immediately request the updated forms through their MultiBridge Administrator. Agencies utilizing other software to access the LEIN should contact their software vendor.

Training Objectives: What is an Extreme Risk Protection Order (ERPO)? Criteria for Entry Entry Transactions (ERO) Modify Transactions (MRO) Enter Supplemental Information (ESUP) Cancel Supplemental Information (CSUP) Cancel Transactions (CRO) LFSU Entry Experience & Caveats Entry Demonstration Contact Information for Assistance (LFSU)

What are Extreme Risk Protection Orders? The Extreme Risk Protection Order (ERPO) Act (PA 38 of 2023, MCL 691.1801- 691.1821) provides for the issuance of restraining orders prohibiting certain individuals from possessing or purchasing firearms and orders the surrender and seizure of a restrained individual s firearms. Per MCL 691.1807, the court shall issue an extreme risk protection order if the court determines by the preponderance of the evidence that the respondent can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual by possessing a firearm, and has engaged in an act or acts or made significant threats that are substantially supportive of the expectation.

Extreme Risk Protection Order Form CC 453, Rev 4/25 (non-LE) Form CC 454, Rev. 3/24

Extreme Risk Protection Order Form CC 454, Rev. 3/24

Extreme Risk Protection Order Form CC 454, Rev. 3/24

Criteria for Entry Each record in the ERPO file must be supported by a valid order (electronic or hard copy) issued in accordance with PA 38 of 2023. Michigan Court Rule 2.602: (1) Except as provided in this rule and in MCR 2.603, all judgments and orders must be in writing, signed by the court, and dated with the date they are signed.

Criteria for Entry For orders NOT issued pursuant to PA 38 of 2023 (i.e., Tribal, Federal, etc.): Each record in the ERPO file must be supported by a valid order (electronic or hard copy) in accordance with the issuing authority s requirements. The ERPO includes a court finding that the named respondent of the order poses a significant danger of causing personal injury to themselves or others by having a firearm, ammunition, or other related items as set forth in state law, in their custody or control. Reasonable notice and opportunity to be heard must be given to the person against whom the order is sought; or, in the case of ex parte orders, notice and opportunity must be provided within the time required by applicable laws, and in any event within reasonable time after the order is issued, sufficient to protect the respondent s due process rights. The named petitioner in the ERPO is a criminal justice agency or an employee of a criminal justice agency who is statutorily authorized to serve in such capacity and must be doing so within the scope of his or her official duties (e.g., law enforcement officer, states attorney). If the named petitioner is not a criminal justice agency or a statutorily authorized employee of a criminal justice agency (e.g., family member), the order must be issued by a court that is acting pursuant to its lawful authority to adjudicate criminal matters.

Required Action Upon receiving a true copy of the ERPO, the law enforcement agency designated in the order shall immediately, and without requiring proof of service, do both of the following (MCL 691.1815(1)): Enter the ERPO into LEIN Enter the ERPO into NCIC. (LEIN will automatically forward the ERPO to NCIC)

Entry Transactions (ERO) Minimum fields required for entry: Agency ORI Operator Name (scan line 55) Name (scan line 1) Race/Sex (scan line 2) DOB (scan line 7) Court ORI (scan line 53) Court Case # (scan line 54) OCA (scan line 15) Date of Issue (scan line 16) Expiration Date (scan line 99) Service Status (scan line 273) Service Date (scan line 274) (if Service Status = Y)

Entry Transactions (ERO) Immediate Surrender Caveat (Scan Line 302): ERO transactions with a Y on scan line 302 will include the following caveat: THE COURT HAS ORDERED THE RESPONDENT TO IMMEDIATELY SURRENDER THE INDIVIDUAL S FREARMS. Checkbox checked = Y inscan line 302. (See page 1, box #1 on ERPO) Pack the Record 2nd Party Check (SPC)

Entry Transactions (ERO) DOB is required LEIN/NCIC does not allow an ERPO to be entered by age. "01/01/XX" is not allowed. Ex Parte ERPOs: Service Status = N Upon service: Service Status = Y Service Date is required to be greater than or equal to the Date of Issue.

Example LEIN ERPO Response

Example NCIC ERPO Response

Modify Transactions (MRO) Only the agency that entered a record may modify the record. A modification message is used to add, delete, or change data in an active base record. Required fields to modify a record: NAM (scan line 1) SYSID (scan line 20) OCA (scan line 15) The following scan lines cannot be removed from an ERPO record by placing a zero (0) in the field: Alias ( AKA ) SYSID (scan line 20) OPR(scan line 55) Service Date when Service Status = Y

Enter Supplemental Information (ESUP) Only the agency that entered the original record may add supplemental information to a record. The following fields are required for enter supplemental transactions: Name (scan Line 1) OCA (scan Line 15) SYSID (scan Line 20) Operator (scan Line 55) A maximum of nine (9) additional supplemental identifiers can be entered per supplemental transaction. The record must contain data in the base record before supplemental identifiers can be added for those fields.

Enter Supplemental Information (ESUP) The following data can be added to an ERPO record using a supplemental transaction: DOB Up to 3 per ESUP OLN Up to 3 per ESUP SSN Up to 3 per ESUP Alias Name Up to 5 per ESUP Miscellaneous # Up to 3 per ESUP Scars, marks, and tattoos (SMTs) Up to 9 per ESUP VIN, Vehicle State, Vehicle Year, Vehicle Make, Vehicle Model, Vehicle Style, Vehicle Color, Secondary Color 1 per ESUP License Plate Type, Plate Date, Plate State, Plate # Up to 3 per ESUP

Cancel Supplemental Information (CSUP) Only the agency that entered the original record may cancel supplemental information from a record. This form isused to cancel supplemental data to in-state (LEIN) ERPO records. Once the supplemental data has been canceled in LEIN, the system will send a corresponding XNRO transaction to NCIC. The following fields are required for CSUP transactions: Name (Scan Line 1) OCA (Scan Line 15) SYSID (Scan Line 20) Operator (Scan Line 55) When an ERPO File record is canceled, its entire supplemental record is automatically canceled.

ERPO Cancel Transactions (CRO) Only the agency that entered a record may cancel the record. ERPO records can be canceled using either of the following: Name, DOB, and OCA SYSID (scan line 20) When canceling an ERPO record that was either entered in error or has been expunged, a value of Y must be included in scan line 295 Entered in Error (EIE). Checkbox checked = Y in scan line 295. When canceling the base ERPO record, LEIN will also cancel any supplemental records associated with the record.

Disposition of Firearms (DOF) ) MCL 691.1815(7): Before allowing the restrained individual to reclaim a firearm under this subsection, and to determine whether the restrained individual is prohibited from owning or possessing a firearm for another reason, the law enforcement agency shall conduct a verification under the law enforcement information network and the national instant criminal background check system in the same manner as required under section 5b(6) of 1927 PA 372, MCL 28.425b. LEIN/NCIC Criminal History query using Purpose Code F F/ERPO DOF F/ERPO CANCEL NICS Purpose Code 22, 23, or 24 Like all other criminal history queries, must be able to document/substantiate the query.

Existing ERPOs ) ERPOs entered by MSP LEIN Field Services: Are only entered in NCIC Will not be imported into LEIN Will purge upon expiration If your agency receives a termination for one of these ERPOs, an NCIC blank form clear transaction is required: NCIC.CRO.MI3300212.NAM/LAST,FIRST MIDDLE.NIC/Q123456780.20250522 If one of these existing ERPO is expunged by the court, an NCIC blank form cancel transaction is required: NCIC.XRO.MI3300212.NAM/LAST,FIRST MIDDLE.NIC/Q123456780.20250522 Your agency should have all documentation supporting existing ERPO entries If your agency cannot locate ERPO documentation, contactMSP LEIN

LFSU ERPO Entry Experience Examples (Caveats) Order must be valid! Multiple orders sent to LEIN Field Services did not contain a judge s signature/date. Multiple ERPO petitions sent to LEIN Field Services, along with a POS. Upon questioning, there did not seem to be an actual order. Must enter immediately! Multiple orders were not sent LEIN Field Services immediately, but days after being issued. An order sent to LEIN Field Services roughly three weeks after being issued. Must serve the ERPO! Many orders (90+) not served/LEIN Field Services not notified ERPO was served (dating back to March 7, 2024)

ERPO Entry Demonstration Entry of new order (ERO) Add Supplemental Data (ESUP) Modify Entry (MRO) Proof of Service Modification (MRO) Date of Expiration Modification (Court Ordered Extension) (MRO) Cancel Order (CRO) PACK THE RECORD /// SECOND PARTY CHECK

Agency Go-Live June 23, 2025, at 12:00 p.m. Effective Monday, June 23, 2025, at 12:00 p.m., the LEIN ERPO functionality will be implemented and designated law enforcement agencies will be required to enter ERPOs directly into the LEIN. While the LFSU will be available to support user agencies with ERPO-related LEIN functionality during normal business hours (Monday Friday, 7:00 a.m. to 5:00 p.m.), the LFSU will discontinue entering ERPOs on behalf of designated law enforcement agencies. Updating Software/Talon Forms Agencies utilizing the Talon software through the Michigan Criminal Justice Information Network (MiCJIN) Portal to access the LEIN will immediately see the new forms and drop-down lists upon release on June 23, 2025, at 12:00 p.m. (EDT). Agencies utilizing the Talon software through a MultiBridge should immediately request the updated forms through their MultiBridge Administrator. Agencies utilizing other software to access the LEIN should contact their software vendor.

LEIN Field Services Contact: TX: 517-241-0667 7-5 Mon-Fri Email: mspleinfss@michigan.gov Brett Hulliberger - LFSU Manager hullibergerb@michigan.gov Michael Hueter - LFSU Analyst hueterm@michigan.gov