On January 1, 2024, Minnesota’s Extreme Risk Protection Order (ERPO) law went into effect. As we’ve talked about on our blog in the past, the extreme risk protection order, also known as the “red flag” law, allows an individual to petition the court to temporarily remove a person’s firearms who poses a significant danger to themselves or the community.
As you can imagine, there must exist a belief that there is a credible threat in order for an ERPO to be granted, otherwise the system could be abused by people who wanted to cause problems for others. For short-term ERPOs, the petitioner must show probable cause that a person is a threat to themselves or others, whereas “clear and convincing” evidence is required for the issuance of a long-term ERPO that can only be awarded following a court hearing. The court will look at evidence like a history of violence, violations of court orders, prior arrests or convictions for violent offenses, and mental health concerns when determining whether or not to grant this order.
Who Can And Can’t File For An ERPO?
Despite your best intentions, you may not be able to file for an extreme risk protection order for any and all individuals, even if you believe they fit the bill. Only certain individuals can file for an ERPO. Let’s explore who can and can’t file for an ERPO in Minnesota:
Individuals Qualified To Petition For An ERPO:
- A family member or household member*
- A guardian
- A chief law enforcement officer or their designee
- A city or county attorney
*Minnesota law defines any of the following groups as a family or household member for the purpose of petitioning for an ERPO:
- Spouses or former spouses
- Persons involved in a significant romantic or sexual relationship
- Parents or children; or
- Persons living together
Individuals Who Are Not Qualified To Petition For An ERPO:
- Neighbors
- Co-workers
- Classmates
- Friends
- Acquaintances
However, these individuals are able to contact law enforcement or another eligible petitioner if they are concerned about someone’s access to firearms. Short-term ERPOs will remove a person’s firearms for 14 days, while a long-term ERPO will only be issued after a court hearing and can last anywhere from six months to one year.
To learn more about ERPOs, or for help managing a criminal charge related to an assault, battery or domestic disturbance issue, reach out to the team at Appelman Law Firm today at (952) 224-2277.
