Minnesota

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