Hennepin County looks to spread the word of Minnesota’s red flag law
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Nearly a year after Minnesota’s red flag law took effect, the Hennepin County Attorney’s Office says it’s looking to expand information and training on how it works.
The law enacted in January allows a judge to temporarily confiscate a person’s firearms and stop them from purchasing more if they are at risk of harming themselves or someone else. It’s also known as an extreme risk protection order (ERPO).
Hennepin County Attorney Mary Moriarty said she’s already seen the law save lives. One order went out for a woman in Hennepin County who had told family members she intended to harm herself. When she went to a store to buy a firearm, she was turned away.
“The store checked, saw it there and did not allow her to purchase a gun,” Moriarty said. “This family's action in getting the ERPO bought their loved one time, which hopefully saved her life.”
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Hennepin County has issued 26 of these orders so far, Moriarty said. That’s about a quarter of the statewide total.
Moriarty said her office has been training law enforcement on how and when to petition a judge for an ERPO, and on how to carry out the confiscation. Now, they’re looking to add community trainings.
“I think if you asked the public, ‘did you know, Minnesota has a red flag law?’ they probably don’t know that,” Moriarty said. “It’s such a good tool, and we want everybody to know that it exists.”
Anyone — not just law enforcement — can petition a judge for an ERPO for at-risk romantic partners or members of their household. Petition forms are available on the Minnesota courts website; the petitions go to a judge, who decides whether to grant the order.
Assistant County Attorney Rana Alexander has organized the county’s trainings around ERPOs. She said judges in Hennepin County generally issue ERPOs within hours of receiving a petition. When granted, the order goes out to police to confiscate firearms.
Within 14 days, a hearing is held for parties to discuss the order and determine whether or not to let it stand for up to a year.
Alexander noted that protection orders are separate from criminal cases.
“Someone didn’t necessarily do something wrong or something illegal for an ERPO to be sought or granted,” Alexander said. “In most cases, the petitioner is seeking an ERPO out of great concern and care for the respondent.”
Other jurisdictions are also looking to expand awareness and use of the red flag law. Ramsey County Attorney John Choi said earlier this month that he is encouraging law enforcement to make full use of the law.
A 24-hour statewide sexual violence and domestic violence hotline is available in Minnesota. You can call Minnesota Day One at (866) 223-1111 or text (612) 399-9995 to connect to resources closest to where you live.