Extreme Risk Protective Orders
Extreme Risk Protective Orders (ERPOs) are legal measures used across several U.S. states to temporarily restrict an individual’s access to firearms when they are deemed a significant risk to themselves or others. These orders are designed to prevent gun violence, including suicides, mass shootings, and domestic violence incidents, while upholding due process protections.
Key Features of ERPOs
Who Can File?
The list of eligible petitioners varies by state but typically includes:
- Law enforcement officers.
- Family or household members, such as spouses, parents, siblings, and children.
- In some states, healthcare providers, school officials, or co-workers may also file.
How Do ERPOs Work?
- A petitioner files a request with the court, presenting evidence that an individual poses a danger to themselves or others.
- A judge may issue a temporary order, often lasting 14–21 days, pending a full hearing.
- At the hearing, the court evaluates the evidence and may extend the order for up to one year, depending on the jurisdiction.
What Does an ERPO Do?
- Temporarily prohibits the individual from purchasing, possessing, or accessing firearms.
- Requires the surrender of any firearms currently owned to law enforcement.
Why ERPOs Matter
- Preventing Suicide:
Firearms account for over half of all suicide deaths in the U.S. Temporarily removing access to firearms during periods of crisis can significantly reduce the risk of suicide. - Reducing Gun Violence:
ERPOs allow intervention before warning signs escalate into tragedies, helping to prevent mass shootings and domestic violence fatalities. - Promoting Public Safety: ERPOs provide a proactive, evidence-based approach to reduce risks without criminalizing individuals in crisis.
State Adoption of ERPOs
- Currently, 19 states and Washington, D.C. have implemented ERPO or similar “red flag” laws.
- While the specifics vary by state, the overarching goal is to balance public safety with individual rights.
Resources for Support
- National Suicide Prevention Lifeline: Dial 988
- Crisis Text Line: Text “HOME” to 741741
- Everytown for Gun Safety: everytown.org
- Local Law Enforcement: Contact your nearest precinct to learn about ERPOs in your area.
ERPO in Minnesota
An Extreme Risk Protective Order (ERPO) is a legal tool in Minnesota designed to temporarily restrict an individual’s access to firearms if they pose a significant danger to themselves or others. This order aims to prevent suicides, mass shootings, and other acts of gun violence while protecting due process rights.
Key Features of ERPOs
- Who Can File?
- Law enforcement officers.
- Family or household members, including:
- Spouses, parents, siblings, and children.
- Domestic partners or individuals living with the respondent.
- When Can an ERPO Be Issued?
- An ERPO may be issued if there is clear evidence that an individual is at imminent risk of harming themselves or others, demonstrated by behaviors such as:
- Threatening violence.
- Exhibiting extreme emotional distress or instability.
- Recent acts of violence or intimidation.
- An ERPO may be issued if there is clear evidence that an individual is at imminent risk of harming themselves or others, demonstrated by behaviors such as:
- What Does an ERPO Do?
- Temporarily prohibits the individual from purchasing, possessing, or accessing firearms.
- Requires the surrender of firearms already in their possession to law enforcement.
- Duration of an ERPO
- An ERPO is typically issued for up to 14 days on an emergency basis, pending a hearing.
- After a hearing, it can be extended for up to one year if the court determines the risk continues to exist.
How to File for an ERPO
- A petitioner files a request with the local district court, providing evidence of the risk posed by the individual.
- A judge reviews the evidence and may issue a temporary order.
- The respondent is notified and has the opportunity to contest the order at a court hearing.
Support and Resources
- Minnesota Crisis Text Line: Text “MN” to 741741
- National Suicide Prevention Lifeline: Dial 988
- Local Law Enforcement: Contact your nearest precinct for immediate assistance.