SF4703 (Legislative Session 94 (2025-2026))
Extreme risk protection orders application, securement, and enforcement processes provisions modifications
Related bill: HF3658
AI Generated Summary
Purpose
- The bill changes and expands how extreme risk protection orders (ERPOs) are applied for, served, and enforced in Minnesota. It aims to strengthen how courts order temporarily or longer-term firearm restrictions when someone is deemed to pose a significant danger to others or a significant risk of self-harm, and it adds specifics about who can file, how notices are served, how firearms are transferred or stored, and timelines for actions.
Key Definitions
- Family or household members: includes spouses, former spouses, parents and children, people living with the respondent, or a person in a significant romantic or sexual relationship with the respondent.
- Firearm: defined as in existing state law.
- Mental health professional: defined for purposes of duties to warn and report risks.
- Significant danger of bodily harm / significant risk of suicide: the core criteria used to seek an ERPO.
How ERPOs Work (Overview of Main Provisions)
Who May File and When
- Petitions for ERPOs can be filed by law enforcement (or their designee), a city or county attorney, a guardian, and family or household members of the respondent, as well as the respondent themselves.
- A petition must allege that the respondent poses a significant danger of bodily harm to others or is at significant risk of suicide by possessing a firearm.
- Petitions must include an oath-backed affidavit with facts showing a basis for the ERPO, including factors described in the law.
- Filing fees are waived for both petitioner and respondent; service and related costs are waived or handled by law enforcement when possible; forms are provided or created by the court administrator.
Emergency vs. After Hearing
- The court can issue an emergency ERPO ex parte if there is probable cause to believe the respondent poses a significant danger and an immediate danger to others or life is at risk.
- An emergency order lasts a finite period (typically 14 days) and is intended to be followed by a hearing on the petition.
- The petitioner is informed of the right to request a separate or simultaneous after-hearing ERPO.
Hearing After Petition
- If a petition is filed, a hearing must be scheduled within 14 days of receipt.
- The petitioner must prove by clear and convincing evidence that the respondent poses a significant danger or is at significant risk of suicide by possessing a firearm.
- The court may consider various factors (listed in the bill) such as history of threats or violence, prior arrests or convictions for violent offenses, animal cruelty, prior violations of orders, and any current or pending related actions.
Evidence and Service
- The court may subpoena peace officers who have had contact with the respondent and may consider other relevant evidence.
- Personal service is generally required, but alternate service methods are allowed if necessary (including notice by mail, publication, or other means after outlining efforts to locate the respondent).
- Tribal territory considerations: when the respondent lives on Tribal land, the local agency serving the order must seek Tribal police department involvement.
What the Court Can Order
- If the court finds clear and convincing evidence, it can prohibit the respondent from possessing or purchasing firearms for the duration of the order.
- The order length must be between 6 months and 1 year, with possible extensions as described below.
- The court can require transfer of firearms to a licensed dealer or law enforcement within 24 hours, with specific rules for temporary vs. permanent transfer and storage costs.
- The respondent may be ordered to transfer firearms and to provide proof of transfer to the court and relevant agencies.
Privacy and Public Access
- ERPOs based on danger to others may remain public; ERPOs issued only for risk of suicide may be kept private.
Guardian and Mental Health Considerations
- The court may appoint a guardian ad litem for the respondent.
- Mental health professionals have defined duties to warn or report when a client poses or may pose a threat, including communicating with the sheriff and making recommendations about weapon possession.
Firearm Transfer, Storage, and Return
Transfer Requirements
- Upon issuance of an ERPO, the court directs the respondent to transfer firearms as soon as practicable (ideally within 24 hours) to a federally licensed firearms dealer or to a law enforcement agency.
- Transfers to dealers can be permanent or temporary; transfers to law enforcement can include storage arrangements.
- If transferred to a dealer, the dealer must provide proof of transfer to the respondent and the court; the respondent must file proof of transfer with the court within two business days.
- If transferring to a relative, the relative signs an affidavit confirming the transfer and may store firearms temporarily; the relative’s details should be provided to the court.
Storage and Costs
- Storage fees may be charged by a dealer for temporary storage; law enforcement may not charge for temporary storage when transferred to them.
- The court must ensure policies for disposal of abandoned firearms are in place, and the respondent must be notified prior to disposal where applicable.
- If the respondent permanently transfers firearms to law enforcement, the agency must pay fair market value for the firearms and may not charge processing or other fees.
Return of Firearms
- After the ERPO ends, the local law enforcement agency must return firearms to the respondent if legally permitted and if the respondent previously possessed them lawfully.
- If the transfer was temporary, the firearm is returned when the order expires or is terminated, assuming there are no other disqualifying legal barriers.
Enforcement, Service, and Penalties
Service and Compliance
- The ERPO must be served on the respondent personally, with allowances for alternate service if needed.
- If the respondent complies voluntarily with surrendering firearms before a search warrant, they are immune from criminal charges related to unlawful possession of those firearms.
Violation Penalty
- Anyone who possesses a firearm while prohibited by an ERPO commits a misdemeanor and faces a five-year prohibition on firearm possession.
Extensions, Termination, and Renewals
Initial Renewal and Extensions
- ERPOs can be extended after notice and a hearing if the respondent still poses a significant danger or risk.
- Extensions must be for at least six months and up to one year, with the same standard of clear and convincing evidence as the initial order.
Five-Year Extension
- An ERPO may be extended for up to five years if the court finds by clear and convincing evidence that the respondent still poses a significant danger and either (a) the respondent has violated a prior ERPO on two or more occasions or (b) the respondent is or has been subject to two or more ERPOs.
Termination
- The respondent may apply to terminate or vacate the ERPO after a hearing, bearing the burden of proof by clear and convincing evidence that they no longer pose a significant danger.
- Applicants may be allowed one termination request every six months while an order is in effect; a six-month period must pass from a denial before seeking again.
Liability and Protections for Petitioners and Professionals
- Immunities
- Petitioners and related law enforcement or agency officials who act in good faith to seek or enforce an ERPO are protected from criminal or civil liability.
- Mental health professionals who disclose information to the sheriff under the bill’s provisions are immune from monetary liability and discipline for such disclosures.
What This Means for Minnesotans
- The bill expands who can seek ERPOs, tightens timelines for hearings, and strengthens enforcement mechanisms for removing firearms from individuals deemed dangerous.
- It creates a structured process for emergency ERPOs, mandatory firearm transfers, and storage options, with explicit privacy protections and public-notice distinctions.
- It adds liability protections for petitioners and some professionals, while imposing penalties for violations of ERPOs.
Significant Changes Compared to Current Law (At a Glance)
- Broader filing authority for ERPO petitions (including more categories of petitioners and clarifications about who may file).
- Clear, time-bound emergency ERPO process and mandatory notice/hearing timelines.
- Explicit, court-ordered firearm transfer requirements within 24 hours, with rules for temporary vs. permanent transfers and storage costs.
- Requirement to report ERPOs to the National Instant Criminal Background Check System (NICS) within a specified timeframe.
- Longer potential protection periods, including a possible five-year extension under specific conditions.
- Public vs. private status of orders depending on whether the respondent is at risk to others or solely at risk of suicide.
- Additional protections for Tribal territories and involvement of Tribal police when applicable.
- Stronger liability protections for petitioners and certain professionals, plus defined duties for mental health professionals in threat-warn scenarios.
Relevant Terms - extreme risk protection order (ERPO) - emergency extreme risk protection order - petition for ERPO - petitioning agency / filing petitioner - respondent - significant danger of bodily harm - significant risk of suicide - firearm possession or purchase prohibition - firearm transfer (to dealer or law enforcement) - federally licensed firearms dealer (FFL) - law enforcement / service of process - service by personal notice / alternate service - National Instant Criminal Background Check System (NICS) - tribal territory / Tribal police involvement - guardian ad litem - mental health professional / duty to warn - clear and convincing evidence - extended duration (6 months to 1 year; up to 5 years) - termination / vacate order - penalties for violation - public vs. private ERPOs - evidence and subpoenas (peace officers) - confidentiality / health records protection
If you’d like, I can tailor this into a simpler, one-page summary or break it down into a quick-read FAQs for different audiences (families, lawyers, educators).
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 23, 2026 | Senate | Action | Introduction and first reading | ||
| March 23, 2026 | Senate | Action | Referred to | Judiciary and Public Safety |
Citations
[
{
"analysis": {
"added": [
"Introduces definitions for terms used throughout the extreme risk protection order provisions."
],
"removed": [],
"summary": "Defines key terms used in sections 624.7171 to 624.7178, including the scope for 'Family or household members', and references to 'Firearm' and 'Mental health professional'.",
"modified": [
"Subdivision 1 amended to establish initial definitional framework, including cross-references to other statutes for definitions."
]
},
"citation": "624.7171",
"subdivision": "Subdivision 1"
},
{
"analysis": {
"added": [
"Clarifies who may file for an ERO (e.g., chief law enforcement officer, designee, city/county attorney, family/household members, guardian).",
"Waives filing fees for petitioner and respondent and directs forms to be created and provided."
],
"removed": [],
"summary": "General provisions for extreme risk protection orders (EROs), including who may petition, forms, waived fees, and processes for service.",
"modified": [
"Amends the general petitioning and filing framework for EROs, including clerical forms and service procedures."
]
},
"citation": "624.7171",
"subdivision": "Subdivision 4"
},
{
"analysis": {
"added": [
"Requires mental health professionals to communicate threats or significant risk of suicide by firearm to the sheriff with jurisdiction and to make a recommendation regarding the client’s fitness to possess firearms."
],
"removed": [],
"summary": "Adds mental health professional duties related to warnings and firearm possession considerations.",
"modified": [
"Expands the role of mental health professionals within the ERO framework."
]
},
"citation": "624.7171",
"subdivision": "Subdivision 5"
},
{
"analysis": {
"added": [
"Requires a hearing to be scheduled within 14 days of receipt of the petition."
],
"removed": [],
"summary": "Hearing timelines for ERO petitions; right to emergency relief options; service responsibilities.",
"modified": [
"Establishes procedural timing and related rights for hearings and emergency relief options."
]
},
"citation": "624.7172",
"subdivision": "Subdivision 1"
},
{
"analysis": {
"added": [
"Enumerates the criteria the court must consider when issuing an order after a hearing."
],
"removed": [],
"summary": "Relief by court after hearing, including standards and consideration of evidence.",
"modified": [
"Outlines the evidentiary standard and factors to be weighed in granting an ERO."
]
},
"citation": "624.7172",
"subdivision": "Subdivision 2"
},
{
"analysis": {
"added": [
"Allows extensions with minimum six months and maximum one year; sets application timing prior to expiration."
],
"removed": [],
"summary": "Subsequent extensions and termination of EROs; initial extension framework.",
"modified": [
"Defines extension procedures and criteria for initial extensions."
]
},
"citation": "624.7173",
"subdivision": "Subdivision 1"
},
{
"analysis": {
"added": [
"Permits extended orders up to five years if specified conditions are met (e.g., continued danger or multiple prior orders)."
],
"removed": [],
"summary": "Further extension provisions (up to five years under certain conditions).",
"modified": [
"Expands extension parameters beyond the initial period."
]
},
"citation": "624.7173",
"subdivision": "Subdivision 2"
},
{
"analysis": {
"added": [
"Provides for ex parte emergency orders with a fixed duration (14 days) and related notice/transfer provisions."
],
"removed": [],
"summary": "Emergency issuance of EROs; ex parte relief and related service provisions.",
"modified": [
"Details emergency issuance process and related service/notice requirements."
]
},
"citation": "624.7174",
"subdivision": "Subdivision 1"
},
{
"analysis": {
"added": [
"Directs transfer of firearms within 24 hours to a federally licensed firearms dealer or law enforcement agency; allows temporary or permanent transfers; storage provisions."
],
"removed": [],
"summary": "Transfer of firearms as a condition of the ERO; timelines and transfer options.",
"modified": [
"Creates and elaborates transfer requirements and potential fees/values related to firearm transfers."
]
},
"citation": "624.7175",
"subdivision": "Subdivision 1"
},
{
"analysis": {
"added": [
"Requires return of temporarily transferred firearms after order expiration if not prohibited by law."
],
"removed": [],
"summary": "Return of temporarily transferred firearms after the order expires; liability safeguards.",
"modified": [
"Specifies post-order disposition of temporarily transferred firearms."
]
},
"citation": "624.7176",
"subdivision": "Subdivision 1"
},
{
"analysis": {
"added": [
"Defines that possession of a firearm by a person prohibited by an ERO is a misdemeanor and carries a five-year prohibition."
],
"removed": [],
"summary": "Penalties for violation of an ERO; explicit conduct and consequences.",
"modified": [
"Clarifies penalties and public notice requirements related to violations."
]
},
"citation": "624.7177",
"subdivision": "Subdivision 2"
},
{
"analysis": {
"added": [
"Immunity from criminal or civil liability for certain petitioners who choose not to petition."
],
"removed": [],
"summary": "Liability/immune provisions for petitioners who decide not to petition (or for others).",
"modified": [
"Establishes liability protections related to petitioning decisions."
]
},
"citation": "624.7178",
"subdivision": "Subdivision 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced definition for 'Firearm' aligned with Minnesota statute 609.666.",
"modified": [
"Uses 609.666 to define 'Firearm' in the ERO framework."
]
},
"citation": "609.666",
"subdivision": "Subdivision 1, Paragraph a"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Referenced definition for 'Mental health professional' aligned with Minnesota statute 245I.02.",
"modified": [
"Uses 245I.02 to define the mental health professional within ERO provisions."
]
},
"citation": "245I.02",
"subdivision": "Subdivision 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "References the guardian definition from 524.1201 (clauses 27-28) as part of who can petition or be involved.",
"modified": [
"Incorporates guardian definitions into the ERO petition framework."
]
},
"citation": "524.1201",
"subdivision": "Clause 27-28"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to service/notice mechanisms (civil process) within 563.01.",
"modified": [
"Includes 563.01 as a process mechanism for service/publication related to petitions."
]
},
"citation": "563.01",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to Minnesota Statutes Chapter 260C (juvenile court matters) in relation to orders and procedures.",
"modified": [
"Uses Chapter 260C as context for orders/related actions."
]
},
"citation": "260C",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to Minnesota Statutes Chapter 518B (family and domestic relations) in relation to guardian definitions and related actions.",
"modified": [
"Uses Chapter 518B context for definitions and potential actions."
]
},
"citation": "518B",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "EROs reference the prohibition of violations that may include orders issued under 609.748.",
"modified": [
"Incorporates cross-reference to 609.748 (violations of court orders) within ERO framework."
]
},
"citation": "609.748",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to 609.749 (stalking offenses) within the process for EROs.",
"modified": [
"Includes 609.749 as an offense category relevant to ERO determinations."
]
},
"citation": "609.749",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to domestic assault provisions (609.2242) in relation to ERO considerations.",
"modified": [
"Incorporates 609.2242 into the set of offenses relevant to EROs."
]
},
"citation": "609.2242",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to Chapter 343 (cruelty to animals).",
"modified": [
"Uses Chapter 343 as a factor in evaluating danger/behavior in ERO context."
]
},
"citation": "343",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cites federal law defining antique firearms for purposes of transfers and related provisions.",
"modified": [
"Incorporates federal antique firearm definition into transfer provisions (e.g., 624.7175)."
]
},
"citation": "18 U.S.C. § 921(a)(16)",
"subdivision": "Paragraph (a)(16)"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cites federal regulation defining antique firearms, curios, and relics.",
"modified": [
"Uses 10 C.F.R. § 478.11 to clarify definitions for firearm transfers under 624.7175."
]
},
"citation": "10 C.F.R. § 478.11",
"subdivision": ""
}
]Progress through the legislative process
In Committee