Purpose

• The bill updates Minnesota law to modify how extreme risk protection orders (ERPOs) are applied for, secured, and enforced. It expands definitions, clarifies who can file for ERPOs, strengthens firearm transfer and seizure provisions, and improves notice, service, and data sharing for these orders.

Key Provisions (What the bill seeks to accomplish)

• Introduces and clarifies ERPOs as a tool to prevent firearm access when someone poses a significant danger to others or risk of self-harm.
• Allows multiple parties to petition for an ERPO, and also allows the respondent to petition on their own behalf.
• Establishes procedures for emergency relief and for hearings after a petition, including timelines and required evidence.
• Requires firearm transfer or temporary surrender under an ERPO and governs how transfers must be handled, stored, and documented.
• Mandates reporting and communication with the National Instant Criminal Background Check System (NICS) and local law enforcement.
• Adds strong protections and duties for mental health professionals, law enforcement, guardians, and petitioners, including privacy safeguards and liability protections.
• Provides for possible extensions and termination of ERPOs, including longer durations under certain conditions.
• Addresses service methods, including alternate service, and tribal cooperation when the respondent lives on Tribal territory.

Definitions and Parties Involved

• Defines key terms such as:
  • Family or household members (spouses, former spouses, parents, children, cohabitants, and those in a significant romantic/sexual relationship).
  • Firearm.
  • Mental health professional.
• Specifies who may petition for an ERPO: chief law enforcement officer, designee, city or county attorney, family or household members, guardian; and that respondents may petition too.

Emergency Relief and Hearings

• Emergency ERPOs may be issued ex parte if there is probable cause of immediate danger, lasting up to 14 days.
• A petition for an ERPO must be heard within 14 days of filing the petition.
• The petitioner can pursue an emergency order separately or in parallel with the post-petition hearing.
• If no ERPO is issued after the hearing, any emergency order may be vacated.

Evidence and Considerations at Hearing

• A court must find by clear and convincing evidence that the respondent poses a significant danger to others or a significant risk of suicide by possessing a firearm.
• Considerations include:
  • History of threats or violence, use or threatened use of physical force, and prior violations of court orders.
  • Prior arrests or convictions for violent offenses, stalking, or domestic violence.
  • History of cruelty to animals, unlawful or reckless firearm behavior, and suicide attempts or serious mental illness.
  • Whether the respondent is already named in another order or involved in related legal actions.
• The court may subpoena peace officers for testimony and may consider other relevant evidence.

Duration, Extensions, and Termination

• Initial ERPO duration ranges from at least 6 months to up to 1 year.
• Extensions may be granted for 6 months to 1 year, and under certain conditions an ERPO may be extended up to 5 years if there have been prior violations or multiple ERPOs.
• The respondent may apply to terminate the ERPO after certain periods, with the court weighing evidence, and considering that a denial requires a waiting period before another request.

Transfer and Storage of Firearms

• Upon issuance of an ERPO, the court directs the respondent to transfer firearms within 24 hours to a federally licensed firearms dealer or to a law enforcement agency.
• Transfers can be permanent or temporary; temporary transfers to a dealer may incur a storage fee, while transfers to LE generally do not.
• If transferred to LE, the agency must compensate the respondent at fair market value and may not charge storage or processing fees.
• Mechanisms exist for transferring antique firearms or other types to a relative who does not live with the respondent, with appropriate affidavits and documentation.
• The court must require proofs of transfer and ensure proper documentation for all transfers and possession status.

Service, Notice, and Alternatives

• Service responsibilities are assigned to the appropriate law enforcement agency, with Tribal considerations when applicable.
• If personal service is not possible, the court may order alternate service methods (mail, publication, etc.) and must list last-known locations and other contacts to aid locating the respondent.
• Personal notice is the default, but electronic or mail service is allowed under specified conditions.
• The court may seal petitions if the respondent consents to the ERPO and if public safety interests outweigh the respondent’s interests; however, ERPOs based on danger to others remain public, while those based solely on suicide risk are not public.

Privacy, Health Records, and Liability Protections

• Health records and related health information used in ERPO proceedings are protected from public disclosure but may be shared with law enforcement as needed.
• Protections exist for petitioners and for mental health professionals who disclose information under the bill; there are immunity provisions for those acting in good faith.
• Health professionals who provide notice to the sheriff or disclose information to the sheriff in accordance with the bill are shielded from monetary liability and disciplinary action in certain circumstances.

Penalties for Violations

• Possessing a firearm while prohibited by an ERPO or similar order is a misdemeanor, with a five-year prohibition on firearm possession.
• Each ERPO must clearly state the penalty for violation.

Tribal Considerations

• When respondents reside on Tribal territory, law enforcement and service coordination involve the appropriate Tribal police department to aid in service and enforcement.

Data Sharing and Background Checks

• ERPOs and related orders are transmitted to local law enforcement within 24 hours and to NICS within a few business days; status information is shared across law enforcement systems to verify ongoing compliance.

Summary of What Changes in Law

• Expands who may file for ERPOs and adds more pathways for petitioning, including by family members and guardians.
• Tightens the timeline for emergency orders and post-petition hearings.
• Strengthens firearm removal through mandatory transfer or surrender and sets explicit timelines for handling firearms.
• Increases transparency and data sharing with NICS and local agencies.
• Increases flexibility for service and enforcement, including alternate service and tribal cooperation.
• Clarifies and expands penalties, extensions, and termination rights.
• Provides liability and privacy protections for petitioners, law enforcement, and mental health professionals.

Relevant Terms - extreme risk protection order (ERPO) - petition for ERPO - emergency extreme risk protection order - post-petition hearing - clear and convincing evidence - firearm transfer / transfer of firearms - possession or purchasing firearms - temporary firearms transfer - permanent transfer - storage of firearms - law enforcement agency (LEA) - sheriff and sheriff’s designee - tribal territory / Tribal police cooperation - service of process / alternate service / publication - National Instant Criminal Background Check System (NICS) - mental health professional / duty to warn - guardian ad litem - confidentiality / health records privacy - extensions and termination of ERPO - penalties for violation - immunity / liability protection - witnesses and subpoenas (peace officers) - hazardous or dangerous behavior factors (threats, violence, prior offenses) - firearms dealer (federal license)