Minnesota's new red-flag gun law officially went into effect on Monday, January 1 meaning certain people, including family members, household members, law enforcement members, and guardians can request a court order to temporarily prohibit someone from purchasing or possessing a firearm during a period of crisis where they are at risk of harming themselves, or someone else.
Minnesota Governor Tim Walz, along with Lt. Governor Peggy Flanagan, joined state and local leaders including Richfield Police Chief Jay Henthorne at the State Capitol on Tuesday to discuss the law's significance.
"Minnesota's firearm deaths over the last several years, including last year in particular, 70 percent of those were suicides," Walz said.
According to the new law, certain individuals can file what is called an Extreme Risk Protection Order (ERPO). An ERPO directs an individual person to surrender their firearms and prevents a person from purchasing a firearm while in effect.
“As a veteran, gun-owner, hunter, and dad, I know basic gun safety isn’t a threat to the Second Amendment – it’s about keeping our kids safe,” Governor Walz said during the May 2023 bill signing. “There’s no place for weapons of war in our schools, churches, banks, or anywhere else people are just trying to live their lives. Today is about taking meaningful action to create a safer future for our kids, and I am proud to sign this commonsense, life-saving legislation into law.”
There is no filing fee for an ERPO, which can be found on the Minnesota Judicial Branch website. Those who have an ERPO filed against them can request a continuance under certain circumstances, including if the individual was given fewer than five days' notice of the hearing.
"When a person is in crisis and considering harming themselves, or others, they often exhibit clear warning signs," Henthorne said. "Family members and law enforcement are usually the first people to see these signs, but it many cases they have few tools to take preventive action despite picking up on those signs."
The new gun measure was part of a flurry of bills passed by the DFL-controlled House, Senator and governor's office last year.
“As a mom, I am very clear that our first responsibility to our kids is keeping them safe. With this historic budget, we are going to do just that,” Lieutenant Governor Flanagan said. “By signing a red flag law and universal background checks into law, we are saving lives and building a better, more hopeful future for our kids."