Walz highlights ‘red flag’ law now in effect in Minnesota
(KSTP) – Governor Tim Walz and other state leaders held a news conference Tuesday afternoon on the “red flag” law that went into effect at the start of the new year after it was signed in May of last year.
The law, which established extreme risk protection orders (ERPO), allows Minnesotans to petition courts to prevent another person from purchasing or possessing firearms. An ERPO can be requested by a family or household member, law enforcement officer, city or county attorney or a guardian. Neighbors, co-workers, classmates or acquaintances cannot request an ERPO.
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A judge would then determine if the person is a danger to themselves or others when deciding whether to grant the request.
There are two types of orders a judge can issue: an emergency order that lasts 14 days or a long-term order that can last between six months to a year. A long-term emergency protection order can only be granted after a hearing, according to the Minnesota Department of Public Safety.
If the subject of the ERPO does not transfer their firearms, law enforcement can execute a warrant.
The person who is asked to turn over their guns can request a hearing, if one isn’t scheduled, where they can present evidence.
View a livestream of the governor’s news conference below.