What are Minnesota's New Firearm Red Flag Laws?
Minnesota Extreme Risk Protection Orders (Red Flag Law)
Due to sweeping legislative changes, Minnesota has recently implemented the Extreme Risk Protection Act (ERPA). This legislation, referred to by many as “Red Flag Gun Laws” aims to address concerns related to individuals who may pose a risk to themselves or others due to access to firearms. While many are concerned that this poses significant restrictions on citizens’ rights to carry and possess firearms, legislators have claimed that the statute is narrowly tailored to address concerns surrounding gun violence. In this blog post, we will delve into the key aspects of Minnesota's new Extreme Risk Protection Act, explaining its purpose, mechanisms, and what it may mean for you.
What is the Extreme Risk Protection Act (ERPA)?
The Extreme Risk Protection Act, commonly known as ERPA, is a legal framework designed to temporarily restrict an individual's access to firearms when there are credible concerns about their potential for violence or harm. Also referred to as a "red flag" law, ERPA enables family members, law enforcement, and other concerned parties to petition the court to issue an Extreme Risk Protection Order (ERPO). This order temporarily prohibits the individual from possessing, purchasing, or accessing firearms.
Key Components of Minnesota's ERPA:
Who Can Petition for an ERPO?
Family members, household members, and law enforcement officers are among those who can petition the court for an ERPO.
The petitioner must provide evidence supporting the claim that the individual poses a significant risk of harm to themselves or others.
Emergency and Temporary Orders:
ERPOs can be issued on an emergency basis, allowing for immediate intervention in critical situations.
Temporary orders, typically lasting 14 days, provide a brief window for assessment and evaluation of the individual's mental state and potential risk.
Due Process Protections:
Individuals subject to an ERPO have the right to contest the order in court, presenting evidence to refute the allegations.
Legal safeguards are in place to ensure that ERPOs are not issued arbitrarily or without proper consideration.
Individuals may obtain representation for this hearing, and are often at a distinct disadvantage if they do not have legal representation on their side.
Firearm Surrender or Storage:
Upon the issuance of an ERPO, the individual is required to surrender their firearms to law enforcement or a licensed dealer.
Alternatively, the individual may choose to store their firearms with a third party who has passed a background check.
Duration and Renewal:
ERPOs are typically issued for a limited duration, and the court can decide whether to renew them based on the ongoing risk assessment.
Regular reviews are conducted to determine whether the individual's circumstances have changed, justifying the continuation or termination of the order.
What Does This Mean For Me?
If you are concerned that a family member or household member has access to a firearm and may be a danger to themselves, it is important to contact not only law enforcement or other appropriate authorities, but also speak with an experienced attorney regarding options that you may have. Additionally, if you are subject to a Risk Protection Order, it is crucial that you immediately obtain legal counsel to assist you in avoiding significant legal repercussions such as losing your firearm rights.
The attorneys at RAM Law PLLC are here to help, and can provide knowledgeable and strong representation in gun and firearm related matters. Contact our attorneys via our convenient online form or call us directly to set up your consultation.