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Firearms

*NEW* Extreme Risk Protection Orders (ERPO) 

Beginning January 1, 2024, certain persons may ask for an Extreme Risk Protection Order (ERPO) to prevent someone from purchasing or possessing a firearm because they pose a significant danger of bodily harm to others and/or is at significant risk of suicide if they have a firearm. These are often called “Red Flag” laws. Read through the Frequently Asked Questions (FAQs) for more information.  The Forms tab will help guide you to the forms packets that are available beginning January 1, 2024.

Note: If someone has an ERPO against them, they only lose their rights during the time of the ERPO, not permanently.

Restoration of Firearms from a permanent ban

Below is an overview of the process to restore your rights to possess a firearm (gun) and/or ammunition in Minnesota District Court after your rights have been permanently taken away for a felony conviction or delinquency adjudication of a crime of violence. Read through our Definitions tab for commonly used words, and read through our Frequently Asked Questions (FAQs) for more information about the process. The Forms tab will help guide you to the forms packets that are available.
 

Why would my rights to possess a firearm and/or ammunition be permanently taken away?

After a criminal conviction or delinquency adjudication for a felony crime of violence, your rights to possess firearms and ammunition are permanently taken away. This means you cannot lawfully possess a firearm or ammunition for the remainder of your lifetime unless the court restores those rights. Felony crimes of violence are defined by the law, and sometimes it is not obvious that the crime you were convicted of is considered a crime of violence until you look at what the law says. If you are not sure whether your rights to possess firearms and ammunition have been taken away, it is a good idea to get legal advice.

Do I need to file anything with the court?

If your rights to possess a firearm and/or ammunition have been permanently taken away and you want to be able to lawfully possess a firearm and/or ammunition, you will need to ask the court to restore your rights. This process is commonly referred to as Restoration of Civil Rights.

For more information about Restoration of Civil Rights, see the FAQs.

Ammunition, cartridge cases, primers, bullets, or propellent powder that is meant to be used in any firearm. See Minn. Stat. § 609.02, subd. 17.
Specific felony crimes that the legislature has chosen as permanent bars to possessing a firearm or ammunition. If you are convicted of a crime of violence, your right to possess a firearm or ammunition is permanently taken away unless the court restores these rights.
A permit that allows an individual to lawfully have a handgun on them while in public places. A permit to carry is also a permit to purchase an unlimited amount of firearms during the five year period that the permit is valid.
A permit that allows an individual to lawfully buy handguns or semi-automatic weapons.

The process of requesting that the court give you back the right to possess firearms and ammunition.

Extreme Risk Protection Order (ERPO)

An ERPO asks the court to stop someone from having or buying firearms if they pose a significant danger of bodily harm to others and/or are at significant risk of suicide if they have a firearm. 

This process does not ask the Court to stop someone from contacting you. If you want a court order for someone to stay away from you there is information on our Domestic Abuse & Harassment Help Topic. 
Only certain authorized persons can apply for an ERPO as defined in Minn. Stat. § 624.7171 subd. 4(b). They include: 
  • Chief Law Enforcement Officer or Designee; 
  • City or County Attorney; 
  • Family/Household Member; or
  • Guardian of Respondent, as defined by Minn. Stat. § 524.1-201. 
A family/household member is defined as: 
  • Spouse or former spouse;
  • Parents and/or children of the Respondent; 
  • Person currently living with Respondent; or 
  • Person involved in a significant romantic or sexual relationship with Respondent. 
If you do not qualify as a family/household member or guardian, you should get legal advice on your options or talk with your local law enforcement agency. 
If you are an authorized person to apply for an ERPO, the process, along with all the forms you may need, are explained in the Instructions - Petition for Extreme Risk Protection Order (ERP101). You will need to file a Petition for Extreme Risk Protection Order (ERP102) and a Firearm Information Form (ERP103) along with other forms, as needed for your situation. See the Forms tab for information on available court forms and instructions.
The Petition can ask for a temporary emergency order and/or a long-term ERPO. An emergency ERPO goes into effect right away and lasts for 14 days. A long-term ERPO can only be granted after a hearing and can last between 6 months and 1 year.
 
An ERPO case is filed in district court of the county where the respondent lives. The person requesting the ERPO can ask to appear virtually at all hearings.  
Respondents get notice of ERPO cases through service. Service is the word used for legally valid notice of legal proceedings. In ERPO cases, service can happen by law enforcement personally giving you copies of documents (personal service), by first class mail, or by publication.

Personal service must always be attemped in ERPO cases. However, if law enforcement is not able to personally serve you with the required ERPO documents, the Petitioner can request “alternate service.” Alternate service in ERPO cases means service by first class mail or by publication.

If a judicial officer orders alternate service by first class mail or publication, the law says the service is complete 14 days after mailing or publication. That means that 14 days after ERPO documents are either sent by first class mail or published, you will have legally valid notice of the ERPO proceedings, whether or not you actually open the mail or read the published court notice.
 
  • If an Emergency ERPO has been granted, you have the right to request a hearing challenging the emergency order. Fill out and file the Request for Hearing on Emergency ERPO (ERP202).
  • If a hearing is already scheduled and you received notice less than 5 days before the hearing, you have the right to request a continuance of up to 14 days by filing the Request for Continuance of Extreme Risk Protection Order Hearing (ERP203). If you do not appear at the hearing or request a continuance for when you can appear, an Extreme Risk Protection Order may be granted.
See the Forms tab for information on available court forms and instructions.

Once a judicial officer has decided that there are enough facts to order an ERPO, Respondent will be required to surrender or transfer all firearms in their possession. Carefully read the court order to see whether ordered to immediately surrender firearms, or if given time to transfer them.

It is a crime to possess firearms in violation of an ERPO. Minnesota law also makes it a crime for someone to possess ammunition if they are subject to an ERPO. Respondent’s right to possess firearms is only taken away while the ERPO is in effect. 

If you were given 24 hours to transfer your firearms to a law enforcement agency or federally licensed firearms dealer, you may use the forms listed below.
Note: The ERPO law requires that these forms are filed with law enforcement. They are not required to be filed with the court.
  • Declaration of No Ownership or Possession of Firearms (ERP205) – Use this form if you do not currently own or possess any firearms. This is the only form you will need.
  • Respondent’s Declaration of Transfer of Firearms (ERP206) – Use this form if you transferred all of the firearms you own or possess to a law enforcement agency or federally licensed dealer. This form is filed with the law enforcement agency, along with the Proof of Transfer (ERP207) listed in your order within 2 business days of the transfer.
  • Proof of Transfer (ERP207) – This form is filled out by either a law enforcement agency or a federally licensed firearms dealer that accepted the transfer of firearms.
  • Affidavit of Transfer of Antique Firearms to Relative (ERP208) - Use this form if you transfer a firearm that is considered an antique (as defined by United States Code, title 18 § 921 (a) (16)) or a curio or relic (as defined in the Code of Federal Regulations, title 27 § 478.11) to a relative who is legally allowed to possess a firearm.
See the Forms Tab for court forms and instructions for transferring firearms. 

Restoration of Firearms for Permanent Bans

Your rights to possess a firearm and ammunition can be taken away for different reasons. For example, your rights to possess a firearm and ammunition can be taken away under Minnesota law because of a criminal conviction, because someone gets an Order for Protection against you, or because you have been committed to a mental health treatment facility in Minnesota or another state. Your rights to possess a firearm and ammunition can be taken away under state law and/or federal law. See Minn. Stat. § 624.713. Sometimes it may be difficult to know whether your rights have been taken away. If you are unsure, you may want to get legal advice.

 

Generally under Minnesota law, your rights to possess firearms and ammunition are permanently taken away if you have been:

  • convicted or adjudicated delinquent of a felony crime of violence,
  • committed by the court for mental health reasons to a treatment facility,
  • found incompetent to stand trial, or
  • found not guilty by reason of mental illness.

The only way to lawfully possess firearms and ammunition after your rights have been permanently taken away is to ask the court to restore your civil rights.  See Minn. Stat. § 624.713.

Certain civil rights, such as the right to possess firearms and ammunition and the right to vote, are sometimes taken away when a person is convicted of a crime. However, voting rights are not taken away permanently. If your voting rights were taken away because of a criminal conviction, they are automatically restored after you have completed all the required terms of your sentencing, including probation, parole, and supervised release. Once you have completed all of the terms of your sentencing, you will need to register to vote. If you are unsure whether you have completed all of the terms of your sentencing, you may want to get legal advice.
If your voting rights were taken away for a reason other than a criminal conviction, you may want to get legal advice to see how you can restore your voting rights. For example, voting rights can be taken away when the court finds that someone does not have the capacity to make personal or financial decisions for themselves and appoints a guardian and/or conservator to make decisions on their behalf. 
 
No. Criminal expungement only seals your court records. It does not automatically restore your rights to possess a firearm or ammunition. You would need to separately ask the court to restore those rights. 
 
In order to ask for the court to restore your rights, you will need to complete a Petition for Restoration of Firearm and Ammunition Rights. Visit the Forms tab to find this form and instructions that describe the steps you will need to follow.
 
You can file your Petition for Restoration of Firearm and Ammunition Rights in the county where the criminal case happened or in another county where the court has power to make legal decisions for you (for example, the county where you live). Read through the instructions (for either a crime of violence conviction or a civil commitment) for more information about choosing where to file and in which case. If you are not sure where you should file your case, you may want to get legal advice.
 

Permit to Carry

It is possible that your rights to possess a firearm and ammunition were restricted as a result of a criminal, domestic abuse, mental health, or similar proceeding. If your rights have not been permanently taken away, the court will automatically restore your civil rights to possess a firearm and ammunition as soon as the law allows. If you believe that your permit to purchase was improperly denied, you can ask the court to review the denial. The MN Judicial Branch does not have forms for this process, so you may want to get legal advice for help with asking the court to review your denial. 
 
It is possible that your rights to possess a firearm and ammunition were restricted as a result of a criminal, domestic abuse, mental health, or similar proceeding. If your rights have not been permanently taken away, the court will automatically restore your civil rights to possess a firearm and ammunition as soon as the law allows. If you believe that your permit to carry was improperly denied, you can ask the court to review the denial. If you want the court to reconsider the denial, you can use the Petition for Reconsideration. 
 
You can apply for a permit to carry a firearm at the sheriff’s office in the county where you live. The application is available on the MN Bureau of Criminal Apprehension’s website (BCA).  
 
You can apply for a permit to purchase a firearm through a firearm dealer or your local law enforcement agency. A firearm permit approved by local law enforcement is valid for one year, and you can purchase an unlimited amount of firearms during that time. A firearm permit from a firearm dealer is valid for a one-time purchase of the handgun that you have chosen to buy from that dealer.

If you want to apply for a permit to purchase from local law enforcement, you can give the application to your local police chief. If you do not have a local police chief, you can give the application to your county sheriff’s office. The application through law enforcement is available on the Minnesota Bureau of Criminal Apprehension's website. 
 

Firearms Forms (statewide)

The MN Judicial Branch publishes some firearms forms, but not every possible form. For forms that are not available from the MN Judicial Branch, you could look for forms at a law library, from a legal forms publisher, or from an attorney. You should get advice from an attorney if you are not sure which forms to use in your case.

Extreme Risk Protection Order Forms

Restoration of Firearm and Ammunition Right Forms

Permit to Carry Forms

The following is a list of some of the laws and rules that relate to forfeiture cases. We encourage you to talk with a lawyer to get advice on how the laws and rules may affect your case. Learn more about Laws, Rules & Legal Research.