Does Minnesota Have a Red Flag Law?
Woody's answers are based on published federal and state law. Not legal advice. Consult a licensed attorney for your specific situation.
Yes, Minnesota enacted a red flag law in 2023. It allows family members, law enforcement, and certain others to petition courts for extreme risk protection orders to temporarily remove firearms from individuals who may pose a danger.
What This Means for You
For firearms builders and owners in Minnesota, this law creates a legal mechanism where your firearms could be temporarily seized if someone successfully petitions a court claiming you pose a risk. The law affects all firearms in your possession, including personally built firearms, and requires you to surrender them during the order period.
The Detail
Minnesota's red flag law, which took effect in 2024, establishes extreme risk protection orders that can temporarily remove firearms from individuals deemed to pose a risk to themselves or others. The law allows family members, household members, law enforcement officers, and certain other parties to petition a district court for these orders. If granted, the person subject to the order must surrender all firearms and ammunition in their possession.
The process typically begins with an ex parte order, meaning it can be issued without you being present in court initially. If granted, law enforcement will serve you with the order and arrange for firearm surrender. You then have the right to a full hearing within 14 days where you can contest the order. If the court finds sufficient evidence at the hearing, it can extend the order for up to one year.
The petitioner must demonstrate by clear and convincing evidence that you pose a significant danger to yourself or others by possessing firearms. Courts consider factors like recent threats, acts of violence, violation of protective orders, and substance abuse patterns. The law includes provisions for safe storage of surrendered firearms and procedures for their return when orders expire or are terminated.
Violating an extreme risk protection order is a criminal offense in Minnesota. This includes possessing, purchasing, or attempting to purchase firearms while subject to an active order. The specific details of petition requirements, hearing procedures, and penalties should be verified through Minnesota's official legal resources, as implementation details and court procedures can vary.
Build Impact
If you're building firearms in Minnesota, understand that any personally manufactured firearms fall under this law's scope and must be surrendered if you're subject to an order. You should maintain proper documentation of any builds since you'll need to account for all firearms in your possession if served with an extreme risk protection order.