Legislation authorizing extreme risk protection orders, commonly referred to as a “red flag law,” will take effect beginning Jan. 1, 2024 in Minnesota.
Under Minnesota’s red flag law, an immediate family member, household member, chief law enforcement officer, county attorney, city attorney, guardian, former spouse, or “significant romantic or sexual partner” can petition their local court to issue an extreme risk protection order (ERPO) against another individual.
That order can strip the respondent of their firearms for up to one year or more.
The petition for an ERPO only requires the petitioner to sign an affidavit under oath which alleges “that the respondent poses a significant danger of bodily harm to other persons or is at significant risk of suicide by possessing a firearm.”
If the ERPO is granted by the court, law enforcement agencies will seize the firearms of the respondent. In order for the ERPO to be terminated, the respondent must submit an application to court and “prove by clear and convincing evidence that the respondent does not pose a significant danger of bodily injury to others or is not a significant risk of suicide by possessing a firearm.”
For years, Democrats in the Minnesota Legislature had worked to codify a red flag bill into law. However, a Republican majority in the Minnesota Senate consistently rejected the idea on the grounds that it violates the Second Amendment, the presumption of innocence, and the Fifth Amendment’s provision that no person shall “be deprived of life, liberty, or property, without due process of law.”
After the 2022 elections, Democrats occupied the governorship and held majorities in both the Minnesota House and Minnesota Senate; they passed the red flag law along with record-setting government spending, MinnesotaCare access for illegal immigrants, drivers licenses for illegal immigrants, and free college tuition for illegal immigrants. Furthermore, the Democrats in control of state government legalized abortion through all nine months of pregnancy.
In addition to the red flag law, several more laws passed by the Democratic trifecta will take effect on Jan. 1.
- Free menstrual products are now required to be available in both boys and girls bathrooms at public schools.
- Employers will not be allowed to ask prospective employees about their salary at prior jobs. However, a job seeker can voluntarily provide this information.
- New regulations which govern landlord and tenant relations.
Additionally, license plates which feature professional Minnesota sport teams such as the Vikings, Wild, Twins, and Timberwolves will be available beginning Jan. 1.