Extreme Risk Protection Orders (ERPOs) in Minnesota

What Is an Extreme Risk Protection Order?

 

An Extreme Risk Protection Order (ERPO) is a civil court order that temporarily restricts an individual's access to firearms when the court determines the person poses a significant risk of causing harm to themselves or others. ERPOs may also be used to help protect individuals experiencing serious suicidal ideation.

 

ERPOs are commonly referred to as "red flag laws," a term derived from the expression "red flag," meaning a warning sign. These laws allow a court to temporarily prohibit a person from possessing firearms when there is evidence that the person presents a danger.

The first red flag law was enacted in Connecticut in 1999 following a workplace shooting at the Connecticut Lottery headquarters. On June 25, 2022, President Joe Biden signed the Bipartisan Safer Communities Act, which provided federal funding to support states that enact and enforce extreme risk protection laws. Minnesota enacted its ERPO law in 2023, codified at Minnesota Statutes section 624.7171.

 

Who Can Seek an ERPO in Minnesota?

An ERPO petition must generally be filed in the district court of the county where the respondent (the person alleged to pose a danger) resides.

A petition may be filed by:

• A chief law enforcement officer or the officer's designee;
• A city or county attorney;
• A family or household member of the respondent; or
• A guardian of the respondent.

In many cases, law enforcement initiates an ERPO petition after receiving information from a mental health professional, family member, or another concerned individual.

 

How Do You Seek an ERPO?

The petitioner files a written petition with the appropriate district court. The petition identifies the petitioner and respondent, describes their relationship, and sets forth the facts supporting the request. The petition should include as much specific information as possible demonstrating why the respondent poses a significant danger to themselves or others.

In determining whether to issue an ERPO, the court may consider factors including:

• A history of threats or acts of violence;
• The use, attempted use, or threatened use of physical force;
• Violations of court orders;
• Prior arrests for violent felonies or convictions for offenses such as stalking, domestic violence, or animal cruelty;
• Suicide attempts or evidence of serious mental health concerns; and
• Previous Orders for Protection (OFPs), Harassment Restraining Orders (HROs), or prior ERPOs.

How Long Does an ERPO Last?

An emergency (ex parte) ERPO may be issued for up to 14 days without the respondent being present if the statutory requirements are met.

If a longer-term ERPO is requested, the court will schedule a hearing, generally within 14 days, at which both parties have the opportunity to present evidence and arguments. Following the hearing, the court may issue an ERPO for a period of six months to one year, depending on the circumstances and statutory requirements.

 

What Happens After an ERPO Is Issued?

Once an ERPO is signed by a judge, it must be transmitted promptly to the appropriate law enforcement agency. The order authorizes law enforcement to serve the respondent and to take possession of any firearms or other dangerous weapons identified in the order.

The order is also entered into applicable state and federal databases used during firearm background checks. While an ERPO is in effect, the respondent is prohibited from possessing firearms and is generally ineligible to obtain or maintain a permit to carry a firearm under Minnesota law.

 

Questions About ERPOs?

For more information regarding Extreme Risk Protection Orders or other firearm-related legal matters, contact:

Attorney Maury D. Beaulier
(952) 442-7722