Minnesota’s New Red Flag Law Goes Into Effect on January 1st

UNDATED (WJON News) -- A new law that goes into effect in Minnesota on January 1st is the Extreme Risk Protection Order commonly known as the Red Flag Law.

Either individuals who are family members or guardians, Chiefs of Police, Sheriff, and County Attorneys will be able to file a petition with the courts if there is a reason to believe there is a person who poses a risk to others or themselves.

Benton County Sheriff Troy Heck says after the petition is filed it is evaluated by the courts and it is the courts that can issue an order to make someone ineligible to have guns for a period of six to 12 months.

Heck says there would be a hearing before any decision is made, and the person who has the order against them can appeal that decision.

Heck says the new law will mean some changes for his department along with all law enforcement agencies.

We are charged with serving these papers.  So, we'll be involved in serving any process that happens in the lead-up to any court hearing.  We also, along with police departments, could be involved in enforcing these orders.

Heck says based on what they've learned from other states, they expect the order to be used sparingly and he's not expecting a high volume of activity.

He says the goal is to prevent the person from harming other people or themselves.

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Court Administration will have the forms for people to fill out if they want to file a petition, but Heck recommends contacting a lawyer first because it is an official court proceeding.

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