Extreme Risk Protection Orders

A new law effective January 1 2024 in Minnesota can temporarily prohibit a person from possessing or purchasing a firearm.

An Extreme Risk Protection Order is an order issued by a Minnesota court that prohibits a person from possessing or purchasing a firearm for a period of time. This is a new law that went into effect on January 1, 2024.

How can an Extreme Risk Protection Order be issued against a person?

A family or household member, a chief law enforcement officer, a city or county attorney, or a guardian can file a petition for an Extreme Risk Protection Order if they can show by clear and convincing evidence that the person poses a significant risk of bodily harm to others and/or is at significant risk of suicide if they possess a firearm. Family members are defined as a spouse, former spouse, persons involved in a significant romantic or sexual relationship, parents, children, or persons living together.

What are some types of Extreme Risk Protection Orders?

There are two types of Extreme Risk Protection Orders, an emergency order, and a long-term order.

• An emergency order may be granted without a hearing and lasts 14 days. An emergency order can only be obtained if the Petitioner shows that the Respondent presents an immediate and present danger of bodily harm to others or taking their own life.
• A long-term order requires a hearing and can last for six months to one year.

How can someone obtain an Extreme Risk Protection Order?

The Petitioner must draft a petition for an order and file it in the county where the Respondent lives. This must include detailed information stating why the Respondent poses a significant risk of bodily harm to others, or is at a significant risk of suicide if they possess a firearm. At the hearing, the Petitioner must prove this by clear and convincing evidence. The Court must consider the specific factors stated in Minnesota Statute Section 624.7172, subd. 2(b).

What if an Extreme Risk Protection Order is filed against me?

If a Petitioner requests a long-term order, the Court will set a hearing. A Respondent can either fight the imposition of the order at the hearing, or they can consent to the order. If an order is issued at the hearing because it was found that the Respondent is a danger to others, the order will be public. If the order is granted because the Respondent is a danger to themselves, the order will be confidential.

The attorneys at Sieben & Cotter can assist you obtaining or defending against an Extreme Risk Protection Order. Call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.