Freqently Asked Questions

Frequently Asked Questions

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.

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 attempted 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.

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 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

Frequently Asked Questions

Extreme Risk Protection Order (ERPO)

Restoration of Firearms for Permanent Bans

Permit to Carry

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Firearms

Frequently Asked Questions

Extreme Risk Protection Order (ERPO)

What is an Extreme Risk Protection Order (ERPO)?

Who can apply for an ERPO?

How can I ask for an ERPO?

How long does an ERPO last?

Where does an ERPO get filed?

How do you get notice of an ERPO?

What happens if I am served with a Petition for ERPO or an Order granting an ERPO?

What happens after an ERPO is granted?

How are Firearms Transferred after an ERPO is granted?

Restoration of Firearms for Permanent Bans

How do I know if my rights to possess a firearm and ammunition have been taken away?

Are my rights to possess firearms and ammunition permanently taken away?

If my rights to possess a firearm and ammunition have been permanently taken away, have my voting rights also been permanently taken away?

If my criminal record was expunged, are my rights to possess a firearm and ammunition automatically restored?

How do I ask for my rights to possess firearms and ammunition to be restored?

Where should I file my Petition for Restoration of Firearm and Ammunition Rights?

Permit to Carry

What if I was denied a permit to purchase, but my rights to possess a firearm and ammunition have not been taken away?

What if I was denied a permit to carry, but my rights to possess a firearm and ammunition have not been taken away?

Where do I apply for a permit to carry a firearm?

Where do I apply for a permit to purchase a firearm?

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