What can an ERPO do?
ERPOs prohibit the respondent temporarily from possessing or purchasing firearms.
Creates a formal process for the respondent to surrender their firearms either by voluntary compliance or through a search warrant.
What can’t an ERPO do?
An ERPO does not prohibit the respondent from contacting the petitioner or joint children.
An ERPO cannot order the respondent to seek mental health help or treatment.
What does it cost to file an ERPO?
Filing for and responding to an ERPO is free.
What happens if someone has a firearm while there is an ERPO in place?
Possessing a firearm while restricted is a misdemeanor crime.
Can the respondent ever get their firearms back?
Yes. ERPOs are temporary. Once the order expires, the respondent can possess and purchase firearms again.
How long does an ERPO last?
An emergency ERPO lasts 14 days.
A long term ERPO lasts for 6 months to 1 year, depending on what the judicial officer ordered.
What if the ERPO is about to expire and the respondent is still not safe to have a firearm?
Within 3 months before the ERPO expires, the petitioner can ask the court (motion) to extend the ERPO for another 6 months to 1 year. The forms to ask for an extension of an ERPO can be found here.
*If you would like assistance in filing an extension of an ERPO, please reach out to DASC at 612-348-5073 and ask to speak with an Extreme Risk Protection Order specialist.
I’ve been served with an Extreme Risk Protection Order. Now what?
Read the papers served on you carefully. The document titled Order Granting Emergency Extreme Risk Protection Order says you are temporarily not allowed to have any firearms and you must temporarily give up any firearm you currently own or possess. You MUST obey the order.
If you disagree with the order, then you must come to the hearing and explain why you disagree with what the petitioner is requesting. The hearing date and time are included in the court’s order that you received.
How does a respondent temporarily give up their firearms?
You have a couple of different options. In general, a respondent can either give them to a federally licensed firearms dealer (FFL) or they can give them to law enforcement to store temporarily until the ERPO expires and the respondent is able to possess firearms again. More information can be found here.
Can an ERPO be terminated?
If the respondent believes they are no longer a danger to themselves or others with a firearm, they can apply to terminate the ERPO one time for every six months the order is in effect. More information can be found here.
Do I need a lawyer?
It is not required; however, you can hire a lawyer at your own expense.
If you would like assistance in filing an ERPO, please reach out to DASC at 612-348-5073 and ask to speak with an Extreme Risk Protection Order specialist.
What if I am not available on the scheduled hearing date?
If you are not available on the scheduled hearing date, you can ask the court for another date, also called a continuance. More information can be found here.
Have another question not addressed here?
Call us! 612-348-5073