Advocates stress Extreme Risk Protection Orders; petitions to temporarily remove guns aims to save lives
More than 130 people have taken steps to have someone they’re concerned about getting their firearms temporarily removed or bar them from buying one under Minnesota’s new Extreme Risk Protection Order (ERPO) law.
Also known as ERPO, it’s the state’s version of what many refer to as “red flag laws.” Advocates say the goal is simple: save lives.
“We should be doing everything we can,” Leah Kondes, who leads Minnesota’s chapter of Moms Demand Action, told 5 EYEWITNESS NEWS.
“What the ERPO intends to do is just put some time and space between that crisis and lethal means,” Kondes added.
Law enforcement, family, parents, spouses and even roommates can file an ERPO against someone they feel will do harm with a firearm against others or themself.
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As of Dec. 19, according to the Minnesota Judicial Branch, there have been 132 ERPOs submitted statewide — of those, only eight had no action taken.
Thirty-one of them were submitted in Hennepin County.
“I think it’s actually going better than I thought it was going to,” Assistant Hennepin County Attorney Rana Alexander said. “As court proceedings go, it is a fairly straightforward process.”
Alexander adds this is not a criminating action but a preventative step. If approved by a judge, the person would temporarily have to turn over firearms and be barred from buying one as the situation is addressed.
“Family or household member is not responsible for serving that order. Law enforcement will take care of [that]. There are no fees involved. This is a free process,” she said.
Hopeful that more people will take these steps moving forward, Alexander is also feeling fortunate Minnesotans have the option.
“We’ve had a lot of [ERPOs] where you read the petition and you think, ‘that’s a scary situation, I’m really glad we have this ability to remove temporarily the firearms from whatever’s going on in this situation,” Alexander said.
It’s also important to point out that a person doesn’t have to own a firearm or have access to one to have an ERPO filed against them. If people have the means to purchase one, if approved by a judge, their name gets added to a federal database where they’ll be flagged during the background check process when they try to purchase a firearm.
The ERPO form can be found here. Step-by-step instructions can be found here.