Discussion:
On January 1, 2024, a Minnesota law took effect creating what’s called an Emergency Risk Protection Order (ERPO). This law allows family or household members, a chief law enforcement officer, a city or county attorney, or a guardian to file a petition for a court order prohibiting an individual from purchasing or possessing firearms, known elsewhere as a “red flag” law. An ERPO may be issued when an individual is at significant risk of suicide and/or poses significant danger to others if they continue possessing a firearm. Once an ERPO has been issued for an individual, they are required to temporarily transfer all firearms into the possession of a federally licensed firearms dealer or a law enforcement agency for the length designated in the ERPO. Once the ERPO has lapsed, either after 14 days for Emergency ERPOs or 6-12 months for Long-term ERPOs, the firearms are then returned to the individual.
MN DPS recognizes the burden this places on law enforcement agencies who may not have adequate storage for an increase in firearms within their existing evidence and weapon storage areas. MN DPS has created a new grant program to provide funding to Minnesota’s law enforcement agencies to support the purchase of additional firearm storage and equipment to secure firearms temporarily transferred to law enforcement agencies under ERPOs.