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Extreme Risk Protection Orders: Minnesota Red Flag Law

An Extreme Risk Protection Order (ERPO) in Minnesota is a legal mechanism that allows specific individuals to request a court order preventing someone from buying or possessing firearms.

How can you challenge an Extreme Risk Order?

A respondent who has been served with the order can take the following steps:

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  1. Request a Hearing:

    • The respondent can request a hearing if one has not already been scheduled. This allows them to present their case and dispute the validity of the ERPO.

  2. Continuance of Hearing:

    • If a hearing has been scheduled and the respondent was given fewer than five days' notice, they can request a continuance. This provides additional time for preparation.

What should I do if I am served with a "Red Flag"/ERPO?

If you are served with an Extreme Risk Protection Order (ERPO) in Minnesota, here are some general steps to consider:

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  1. Review the Order:

    • Carefully read through the entire ERPO to understand the specific restrictions and requirements imposed on you.

  2. Contact an Attorney:

    • Seek legal advice promptly. As soon as possible contact Minnesota Legal Defense. Attorney Paul Sellers knows the law, has experience with it, and can provide guidance on your rights, the legal process, and potential strategies.

  3. Understand the Allegations:

    • Understand the basis for the ERPO and the allegations against you. This information is crucial for building a strong defense.

  4. Gather Evidence:

    • Collect any evidence or documentation that may counter the allegations made in the ERPO. This could include records, communications, or other relevant information.

  5. Prepare for a Hearing:

    • If a hearing is scheduled, prepare thoroughly. Work closely with your attorney to present a compelling case and challenge the validity of the ERPO.

  6. Request a Hearing Extension if Needed:

    • If you were given less than five days' notice for a scheduled hearing, you may have the right to request an extension. Consult with your attorney to determine the best course of action.

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Remember that the specific steps you need to take may vary based on the details of your case. Consult with Minnesota Legal Defense for personalized advice tailored to your situation. It's crucial to act promptly and responsibly to protect your rights and navigate the legal process effectively.

When did this law take effect?

The Minnesota ERPO Law, also known as the Red Flag Law, took effect on January 1, 2024.

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Who can file for an extreme risk protection order?

  1. Family or household members, which includes:

    • Spouses and former spouses of the respondent

    • Parents and children of the respondent

    • Persons presently residing with the respondent

    • Persons involved in a significant romantic or sexual relationship with the respondent

  2. Chief law enforcement officers

  3. City or county attorneys

  4. Guardians (as defined by Minnesota Statute)

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Who may not file for an ERPO?

Individuals who may not file for an Extreme Risk Protection Order (ERPO) in Minnesota include:

 

Neighbors, co-workers, classmates, and acquaintances are not authorized to petition the court for an ERPO.

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