Navigating Minnesota's New Red Flag Law
By Sullivan Rice
Minnesota's long-debated Red Flag Law is now in effect, having been passed by the legislature last year and officially taking effect on January 1. Governor Tim Walz discussed the implications of this new law for Minnesotans, shedding light on its key provisions. The law, effective from January 1, 2024, introduces Extreme Risk Protection Orders (ERPOs), commonly known as Red Flag Gun Confiscation Orders. This enables individuals, including family members and law enforcement, to petition for an ERPO against someone believed to pose a danger with a firearm.
The legislation delineates two types of orders:
Temporary ex parte orders, swiftly issued without a hearing based on imminent risk,
AND
Final orders, are issued after a hearing and are capable of lasting up to a year. The law also establishes a process for individuals to challenge ERPOs.
Furthermore, it outlines clear procedures for surrendering and returning firearms when an ERPO is issued or terminated. The legislation specifies penalties for non-compliance, provides immunity for law enforcement officers, recognizes ERPOs from other states, mandates specific training for law enforcement, and allocates funds for implementation.
Despite the tendency of new gun laws to stir debate, Minnesota leaders and legislators contend that this law should not ignite controversy. Commonly referred to as the Red Flag Law, the Extreme Risk Protection Order Law mandates a request from law enforcement, a prosecutor, or a family member to initiate action.
How Does It Work?
It comprises Emergency orders, issued immediately by a judge and lasting fourteen days, and Long-term orders, spanning six months to a year, requiring a court hearing involving the gun owner. Following an order, gun surrender is mandated within 24 hours.
While data from states with similar laws primarily focuses on suicide prevention, showing a significant reduction in suicide rates, the impact on mass shooting prevention and other forms of gun violence is less conclusive. Nonetheless, advocates express optimism about the law's potential to save lives. This legislation impacts individuals subject to extreme risk protection orders, law enforcement agencies, and third parties involved in the relinquishment of firearms.
Conclusion
In the complex landscape of Red Flag Law violations and any gun-related charge, Jack Rice stands out as the attorney you can trust to safeguard your rights. When your rights are on the line, Jack Rice is the defender you want in your corner.
Jack is a nationally recognized and award-winning criminal defense lawyer, awarded Minnesota Super Lawyer for 2023, Among the Best Lawyers of 2022, winner of the Minnesota Attorney of the Year Award for 2021, and founder of Jack Rice Defense. He was awarded the Professional Excellence Award from the MSBA for 2020 and is an MSBA Board Certified Criminal Law Specialist. He is also a former Prosecutor and a former U.S. Central Intelligence Agency Officer. This St. Paul Criminal Defense Lawyer has decades of experience successfully representing thousands of clients facing everything from Sex Crimes and Child Pornography, Domestic Assault to DWI to Murder to other serious criminal charges.
