On January 1, 2024, new “Red Flag” laws went into effect in Minnesota allowing certain people to request an order from the court to temporarily prohibit someone from purchasing or possessing a firearm. This order is known as an Extreme Risk Protection Order (ERPO) and may be issued if a court finds a person is in a period of crisis and poses a significant danger of bodily harm to themselves or others. Once issued, a person must surrender their firearms and may not purchase any new firearms while the ERPO is in effect.
There are two types of ERPOs: (1) Emergency ERPOs and (2) Long Term ERPOs. An Emergency ERPO lasts for up to 14 days while a Long Term ERPO can last up to one year. Unlike Emergency ERPOs, a Long Term ERPO can only be granted after a court hearing.
Who can file an ERPO?
Only certain people may apply for an ERPO. The person applying for the ERPO is known as the “petitioner” while the person who may be subject to a court order is known as the “respondent.” The following list includes people legally allowed to request an ERPO:
- Family or Household Members which includes;
- Spouses and former spouses of the respondent;
- Parents and children of the respondent;
- Persons who are presently residing with the respondent; or
- A person involved in a significant romantic or sexual relationship with the respondent.
- Chief Law Enforcement Officer;
- City or County Attorney; or
- Guardian of respondent
What can you do if you are served with an ERPO?
If you are served with an Emergency ERPO, you have the right to request a hearing challenging the order if one has not already been scheduled. At that hearing, you may present evidence to the court to show you do not pose a risk of harm to yourself or others.