Minnesota

Extreme Risk Protection Order

Last updated 02/15/2024 Minn. Stat. § 624.7171 - 624.7178

The Minnesota Extreme Risk Protection Order (ERPO) statute was signed into law by Governor Tim Walz in May 2023 and went into effect January 1, 2024.

An ERPO is a civil order that may be issued when a person poses a significant risk to self or others by having a firearm in their custody.1 ERPOs prohibit said person from possessing or purchasing firearms.2

In Minnesota, law enforcement officials, city or county attorneys, guardians, and family or household members (including spouses and former spouses of the respondent; parents and children of the respondent; persons who are presently residing with the respondent; or a person involved in a significant romantic or sexual relationship with the respondent) may petition for an ERPO.3 Petitioners may seek an emergency ERPO which will remain in place for a maximum of 14 days or until an earlier hearing for a final ERPO.4 Petitioners may also seek a final ERPO without first petitioning for an emergency ERPO. The final ERPO hearing must be scheduled and held within 14 days of the date of the petition.5 In deciding whether to issue an ERPO, the court shall consider a list of factors, including a history of threats or violence, violation of certain court orders, criminal history, and prior suicide attempts or serious mental illness.6 A final ERPO may last for 6 months to one year.7 Upon issuance of an ERPO, the respondent must relinquish their firearms to law enforcement or a federally licensed firearms dealer within 24 hours of the issuance of the order.8

While mental health professionals in Minnesota may not petition for an ERPO, where they have a statutory duty to warn of a client’s behavior, the mental health professional must communicate the threat or risk to the sheriff of the county where the client resides and make a recommendation regarding whether the client should possess firearms.9

Minnesota’s ERPO law includes emergency ERPOs issued by a judicial officer; a hearing where the respondent is provided notice and an opportunity to participate; the respondent’s right to counsel (at no expense to the government); and the requirement of clear and convincing evidence (e.g. the enumerated factors the judicial officer must consider) to issue an ERPO.10

1 Minn. Stat. § 624.7171

2 Minn. Stat. § 624.7172

3 Minn. Stat. § 624.7171

4 Minn. Stat. § 624.7174

5 Minn. Stat. § 624.7172

6 Minn. Stat. § 624.7172

7 Minn. Stat. § 624.7172

8 Minn. Stat. § 624.7175

9 Minn. Stat. § 624.7171

10 Minn. Stat. § 624.7173

Minnesota's Extreme Risk Protection Order

Effective: January 1, 2024

Order Type Max Duration Burden of Proof Factors to Consider Who can petition for ERPO

EX Parte Order

(Emergency order, if applicable)

14

days

Probable cause

  • threats or acts of violence towards self or others;
  • history of violence;
  • violations of court orders;
  • prior felony and/or violent misdemeanor arrest for domestic violence, stalking;
  • cruelty to animals;
  • reckless use, display, brandishing of firearms;
  • history of self-harm;
  • existing ERPOs
  • law enforcement;
  • family members;
  • household members (people who reside together, dating partners)

Final Order

(emergency order, if applicable)

6

months to

1

year

Clear and convincing

Factors to Consider
  • threats or acts of violence towards self or others;
  • history of violence;
  • violations of court orders;
  • prior felony and/or violent misdemeanor arrest for domestic violence, stalking;
  • cruelty to animals;
  • reckless use, display, brandishing of firearms;
  • history of self-harm;
  • existing ERPOs
Who can petition for ERPO
  • law enforcement;
  • family members;
  • household members (people who reside together, dating partners)