The new red flag gun law that was passed last year has officially become law as the calendar turned to 2024, and lawmakers hope it will help remove firearms from potentially dangerous individuals and situations.
The law allows an individual to file what’s known as an Extreme Risk Protection Order (ERPO), which would temporarily permit an individual from purchasing or possessing a firearm during a period of crisis when they are at an elevated risk of harming themselves or others. If an ERPO is granted by a judge, the individual would need to surrender their firearms to law enforcement for a period of time until the order is removed.
There are two types of ERPOs in Minnesota – Emergency and long-term. In an emergency ERPO, the order can be granted without an official court hearing, and this order lasts for 14 days. A long-term ERPO can only be granted after a court hearing has been held, and if granted, will go into effect for at least six months but not longer than a year.
Filing An ERPO
The law regarding ERPO issuance is a little vague, so it’s not exactly clear what standard needs to be met in order for an ERPO to be granted. The law simply states that an ERPO can be granted if an individual poses significant risk of bodily harm or suicide if they possess a firearm. What constitutes a “significant risk” is not well-defined, but we can imagine that vocal threats, veiled threats or concerning social media posts would all be used to make a case that someone would be eligible for an ERPO.
Only certain individuals can file an ERPO against someone else. Under the law, you may be able to request an emergency or long-term ERPO against:
- A family member.
- A roommate.
- Someone you are in a significant romantic or sexual relationship with.
It’s also worth noting that a chief law enforcement officer, a city or county attorney and an official guardian can file an order against an individual they deem to be at risk of harm.
There is no filing fee to request an ERPO, but the state has made it very clear that Emergency Risk Protection Orders are not meant to be used has a form of revenge or harassment. Any individual who has been found guilty of filing an ERPO as a form of vengeance or harassment will be found guilty of a gross misdemeanor, which is punishable by up to a year in jail and fines up to $3,000.
The goal of the new law is to remove firearms from individuals who are experiencing a moment of crisis so that they cannot use the gun impulsively, but it will be interesting to see how everything plays out. We hope that law enforcement officials can remain safe when executing these orders and firearm forfeitures, but we could also see these situations escalating if a person who is going through some tough times is told they need to hand over all of their guns. We’re also interested to learn more about the threshold that needs to be met in order for a long-term ERPO to be granted.
If you are hoping to defend yourself at an ERPO hearing or in the wake of a firearm-related charge, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
