What Are Extreme Risk Protection Orders?
Extreme Risk Protection Orders (ERPOs), commonly known as “red flag laws,” allow courts to temporarily remove firearms from individuals who are deemed to pose a significant risk of harm to themselves or others. Minnesota enacted its ERPO law in 2023, joining a growing number of states with similar legislation.
Under Minnesota’s ERPO statute (Minn. Stat. § 624.7172), law enforcement officers and certain family members can petition the court for an order requiring the respondent to surrender their firearms and prohibiting them from purchasing or possessing firearms for a specified period.
How ERPOs Work in Minnesota
The ERPO process begins with a petition filed in district court. The petitioner must demonstrate by a preponderance of the evidence that the respondent poses a significant danger of causing bodily harm to themselves or others by possessing firearms. The court may consider factors such as recent threats of violence, acts of violence, patterns of violent behavior, substance abuse and recent acquisition of firearms.
If the court finds sufficient grounds, it may issue an emergency ERPO without a hearing (ex parte), which is effective for up to 14 days. A full hearing is then held, at which the respondent has the right to be present, to be represented by an attorney and to present evidence. If the court issues a full ERPO, it is effective for up to one year and can be renewed.
Protecting Your Rights
If you are the subject of an ERPO petition, it is critical to take the matter seriously and seek legal representation immediately. An ERPO can significantly impact your Second Amendment rights and the hearing is your opportunity to present your side of the story.
An experienced gun rights attorney can help you prepare for the hearing, challenge the evidence presented by the petitioner and present evidence demonstrating that you do not pose a risk of harm. If an ERPO is issued, your attorney can also help you understand the process for returning your firearms once the order expires and for seeking early termination of the order if circumstances change.
Key Takeaways
- Minnesota enacted its ERPO (red flag) law in 2023
- ERPOs can temporarily remove firearms from individuals deemed at risk
- Emergency ERPOs can be issued without a hearing for up to 14 days
- Full ERPOs last up to one year and can be renewed
- Legal representation is critical to protect your rights in ERPO proceedings
Referenced Legal Authority
- Minn. Stat. § 624.7172 (Extreme Risk Protection Orders)
Need Legal Help?
If you’re facing a legal issue related to gun rights, don’t wait to get the help you need. Contact Birkholz Law today to discuss your case with one of our experienced attorneys serving Southern Minnesota.
For a comprehensive evaluation of your case and to understand all of your legal options, we invite you to speak with our team. Our attorneys have decades of combined experience serving clients throughout Southern Minnesota, and we’re committed to achieving the best possible outcome for every client we represent.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For advice specific to your situation, please contact Birkholz Law to discuss your case.
