In this informative community training presentation, legal experts and advocates from the Hennepin County Attorney’s Office break down Minnesota’s Extreme Risk Protection Order (ERPO) statute. Commonly referred to as “red flag laws,” ERPOs are a vital civil legal tool designed to temporarily remove firearms from individuals who pose a clear and significant danger to themselves or others.
Featuring Rana Alexander, Assistant County Attorney, and Bridget Liverca, Legal Service Specialist and Advocate, this session explores how and why ERPOs were developed, who can petition the court, and what the two-step legal process looks like in Minnesota. Whether you are a community member, healthcare provider, or local leader, understanding how ERPOs work—and sharing that knowledge with others—is one of the most immediate and actionable steps you can take to help prevent gun violence in our state.
Key Takeaways & Highlights
What is an ERPO?: An Extreme Risk Protection Order is a temporary civil court order that prohibits an individual from possessing or purchasing firearms when they pose a significant danger to themselves or others. Modeled after orders for protection, ERPOs use a civil legal process rather than a criminal one.
Minnesota’s Law: Passed by the legislature in 2023 and effective as of January 1, 2024, Minnesota’s ERPO statute provides clear legal authority for judges and law enforcement to intervene proactively before gun violence occurs.
Who Can File a Petition?: In Minnesota, petitions can be filed by law enforcement, a city or county attorney’s office, a legal guardian of the respondent, or family and household members. Under the ERPO statute, “family or household members” specifically include spouses, former spouses, parents, children, co-residents, and individuals involved in a significant romantic or sexual relationship.
The Two-Step Legal Process:
Emergency (Ex Parte) Orders: When there is an immediate, extraordinary risk, a petitioner can apply for an emergency 14-day order without advance notice to the respondent. If the court finds probable cause, it will issue a warrant allowing law enforcement to take possession of the firearms.
Long-Term Orders: Following a full court hearing held within those 14 days, a judge can issue a long-term protection order lasting between six months and one year.
Warning Signs Considered: When evaluating an ERPO petition, judges can evaluate nine statutory warning factors—including a history of threats or physical violence, attempted suicide or serious mental health crises, brandishing firearms, stalking or domestic assault, and reckless gun use—as well as any additional relevant evidence that provides context.
