SF 4703
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/08/2026 10:39 a.m.
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A bill for an act
relating to public safety; modifying the processes for applying for, securing, and
enforcing extreme risk protection orders; amending Minnesota Statutes 2024,
sections 624.7171, subdivisions 1, 4, 5; 624.7172; 624.7173; 624.7174; 624.7175;
624.7176, subdivisions 1, 2; 624.7177, subdivision 2; 624.7178, subdivisions 1,
4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 624.7171, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in sections 624.7171 to 624.7178, the following
terms have the meanings given.
(b) "Family or household members" deleted text begin means:deleted text end new text begin has the meaning given in section 518B.01,
subdivision 2, paragraph (b).
new text end
deleted text begin
(1) spouses and former spouses of the respondent;
deleted text end
deleted text begin
(2) parents and children of the respondent;
deleted text end
deleted text begin
(3) persons who are presently residing with the respondent; or
deleted text end
deleted text begin
(4) a person involved in a significant romantic or sexual relationship with the respondent.
deleted text end
deleted text begin
In determining whether persons are in a significant romantic or sexual relationship under
clause (4), the court shall consider the length of time of the relationship; type of relationship;
and frequency of interaction between the parties.
deleted text end
(c) "Firearm" has the meaning given in section 609.666, subdivision 1, paragraph (a).
(d) "Mental health professional" has the meaning given in section 245I.02, subdivision
27.
Sec. 2.
Minnesota Statutes 2024, section 624.7171, subdivision 4, is amended to read:
Subd. 4.
Generally.
(a) There shall exist an action known as a petition for an extreme
risk protection order, which order shall enjoin and prohibit the respondent from possessing
or purchasing firearms for as long as the order remains in effect.
(b) A petition for relief under sections 624.7171 to 624.7178 may be made by deleted text begin the chiefdeleted text end new text begin
anew text end law enforcement deleted text begin officer, the chief law enforcement officer's designeedeleted text end new text begin agencynew text end , a city or
county deleted text begin attorneydeleted text end new text begin attorney's officenew text end , any family or household members of the respondent, or
a guardian, as defined in section 524.1-201, clause deleted text begin (27)deleted text end new text begin (28)new text end , of the respondent.new text begin The
respondent may also petition on their own behalf.
new text end
(c) A petition for relief shall allege that the respondent poses a significant danger of
bodily harm to other persons or is at significant risk of suicide by possessing a firearm. The
petition shall be accompanied by an affidavit made under oath stating specific facts and
circumstances forming a basis to allege that an extreme risk protection order should be
granted. The affidavit may include but is not limited to evidence showing any of the factors
described in section 624.7172, subdivision 2.
(d) A petition for emergency relief under section 624.7174 shall additionally allege that
the respondent presents an immediate and present danger of either bodily harm to others or
of taking their life.
(e) A petition for relief must describe, to the best of the petitioner's knowledge, the types
and location of any firearms believed by the petitioner to be possessed by the respondent.
(f) The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.
(g) The state court administrator shall create all forms necessary under sections 624.7171
to 624.7178.
(h) The filing fees for an extreme risk protection order under this section are waived for
the petitioner and respondent. The court administrator, the sheriff of any county in this state,
and other law enforcement and corrections officers shall perform their duties relating to
service of process without charge to the petitioner. The court shall direct payment of the
reasonable costs of service of process if served by a private process server when the sheriff
or other law enforcement or corrections officer is unavailable or if service is made by
publication, without requiring the petitioner to make application under section 563.01.
(i) The court shall advise the petitioner of the right to serve the respondent by alternate
notice under section 624.7172, subdivision 1, paragraph (e), if the respondent is avoiding
personal service by concealment or otherwise, and shall assist in the writing and filing of
the affidavit.
(j) The court shall advise the petitioner of the right to request a hearing under section
624.7174. If the petitioner does not request a hearing, the court shall advise the petitioner
that the respondent may request a hearing and that notice of the hearing date and time will
be provided to the petitioner by mail at least five days before the hearing.
(k) Any proceeding under sections 624.7171 to 624.7178 shall be in addition to other
civil or criminal remediesnew text begin and does not restrict or limit a law enforcement agency's legal
authority to respond to exigent circumstancesnew text end .
(l) All health records and other health information provided in a petition or considered
as evidence in a proceeding under sections 624.7171 to 624.7178 shall be protected from
public disclosure but may be provided to law enforcement agencies as described in this
section.
(m) Any extreme risk protection order or subsequent extension issued under sections
624.7171 to 624.7178 shall be forwarded by the court administrator within 24 hours to the
local law enforcement agency with jurisdiction over the residence of the respondent and
electronically transmitted within three business days to the National Instant Criminal
Background Check System. When an order expires or is terminated by the court, the court
must submit a request that the order be removed from the National Instant Background
Check System. Each appropriate law enforcement agency shall make available to other law
enforcement officers, through a system for verification, information as to the existence and
status of any extreme risk protection order issued under sections 624.7171 to 624.7178.
new text begin
(n) A judge shall consider a petition for emergency relief under section 624.7174 when
presented to the judge by a chief law enforcement officer or the chief's designee.
new text end
Sec. 3.
Minnesota Statutes 2024, section 624.7171, subdivision 5, is amended to read:
Subd. 5.
Mental health professionals.
When a mental health professional has a statutory
duty to warn another of a client's serious threat of physically violent behavior or determines
that a client presents a significant risk of suicide by possessing a firearm, the mental health
professional must communicate the threat or risk to the deleted text begin sheriff of the countydeleted text end new text begin law enforcement
agency with primary jurisdiction over new text end where the client resides and make a recommendation
deleted text begin to the sheriffdeleted text end regarding the client's fitness to possess firearms.
Sec. 4.
Minnesota Statutes 2024, section 624.7172, is amended to read:
624.7172 EXTREME RISK PROTECTION ORDERS ISSUED AFTER HEARING.
Subdivision 1.
Hearing.
(a) Upon receipt of the petition for an order after a hearing, the
court must schedule and hold a hearing within 14 days from the date the petition was
received.
(b) The court shall advise the petitioner of the right to request an emergency extreme
risk protection order under section 624.7174 separately from or simultaneously with the
petition under this subdivision.
(c) deleted text begin Thedeleted text end new text begin Anew text end petitioning new text begin law enforcement new text end agency shall be responsible for new text begin the new text end service of an
extreme risk protection order issued by the court and shall further be the agency responsible
for the execution of any legal process required for the seizure and storage of firearms subject
to the order. deleted text begin Nothing in this provision limits the ability of the law enforcement agency of
record from cooperating with other law enforcement entities. When a court issues an extreme
risk protection order for a person who resides on Tribal territory, the chief law enforcement
officer of the law enforcement agency responsible for serving the order must request the
assistance and counsel of the appropriate Tribal police department prior to serving the
respondent. When the petitioner is a family or household member of the respondent, the
primary law enforcement agency serving the jurisdiction of residency of the respondent
shall be responsible for the execution of any legal process required for the seizure and
storage of firearms subject to the order.deleted text end new text begin When the petitioner is a city or county attorney's
office or a family or household member of the respondent, the primary law enforcement
agency with jurisdiction of residency of the respondent shall be responsible for the service
of an extreme risk protection order issued by the court and shall further be the agency
responsible for the execution of any legal process required for the seizure and storage of
firearms subject to the order. Nothing in this provision limits the ability of the law
enforcement agency of record from cooperating with other law enforcement entities. When
a court issues an extreme risk protection order for a person who resides on Tribal territory,
the chief law enforcement officer of the law enforcement agency responsible for serving
the order must request the assistance and counsel of the appropriate Tribal police department
prior to serving the respondent.
new text end
(d) deleted text begin Personal service of notice for the hearing may be made upon the respondent at any
time up to 48 hours prior to the time set for the hearing, provided thatdeleted text end The respondent deleted text begin at
the hearingdeleted text end may request a continuance of up to 14 days if the respondent is served less than
five days prior to the hearingdeleted text begin , whichdeleted text end new text begin . Thenew text end continuance shall be granted unless there are
compelling reasons not to do so. If the court grants the requested continuance, and an existing
emergency order under section 624.7174 will expire due to the continuance, the court shall
also issue a written order continuing the emergency order pending the new time set for the
hearing.
(e) If personal service cannot be made, the court may order service of the petition and
any order issued under this section by alternate means. The application for alternate service
must include the last known location of the respondent; the petitioner's most recent contacts
with the respondent; the last known location of the respondent's employment; the names
and locations of the respondent's parents, siblings, children, and other close relatives; the
names and locations of other persons who are likely to know the respondent's whereabouts;
and a description of efforts to locate those persons. The court shall consider the length of
time the respondent's location has been unknown, the likelihood that the respondent's location
will become known, the nature of the relief sought, and the nature of efforts made to locate
the respondent. The court shall order service by first class mail, forwarding address requested,
to any addresses where there is a reasonable possibility that mail or information will be
forwarded or communicated to the respondent. The court may also order publication, within
or without the state, but only if it might reasonably succeed in notifying the respondent of
the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after
court-ordered publication.
(f) deleted text begin When a petitioner who is not the sheriff of the county where the respondent resides,
the sheriff's designee, or a family or household member files a petition, the petitioner must
provide notice of the action to the sheriff of the county where the respondent resides. When
a family or household member is the petitioner,deleted text end The court must provide notice of the action
to the sheriff of the county where the respondent resides.
new text begin
(g) Except as otherwise required in section 624.7174, paragraph (f), an order issued
pursuant to this section can be served on the respondent electronically or by first class mail.
new text end
Subd. 2.
Relief by court.
(a) At the hearing, the petitioner must prove by clear and
convincing evidence that the respondent poses a significant danger to other persons or is at
significant risk of suicide by possessing a firearm.
(b) In determining whether to grant the order after a hearing, the court shall consider
evidence of the following, whether or not the petitioner has provided evidence of the same:
(1) a history of threats or acts of violence by the respondent directed toward another
person;
(2) the history of use, attempted use, or threatened use of physical force by the respondent
against another person;
(3) a violation of any court order, including but not limited to orders issued under sections
new text begin 609.748 or new text end 624.7171 to 624.7178 or chapter 260C or 518B;
(4) a prior arrest for a violent felony offense;
(5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking offense
under section 609.749, or for domestic assault under section 609.2242;
(6) a deleted text begin conviction for an offensedeleted text end new text begin historynew text end of cruelty to animals deleted text begin under chapter deleted text end deleted text begin 343deleted text end ;
(7) the unlawful and reckless use, display, or brandishing of a firearm by the respondent;
(8) suicide attempts by the respondent or a serious mental illness; and
(9) whether the respondent is named in an existing order in effect under sections new text begin 609.748
or new text end 624.7171 to 624.7178 or chapter 260C or 518Bdeleted text begin , or party to a pending lawsuit, complaint,
petition, or other action under sections 624.7171 to 624.7178 or chapter deleted text end deleted text begin 518Bdeleted text end .
(c) In determining whether to grant the order after a hearing, the court may:
(1) subpoena peace officers who have had contact with the respondent to provide written
or sworn testimony regarding the officer's contacts with the respondent; and
(2) consider any other evidence that bears on whether the respondent poses a danger to
others or is at risk of suicide.
(d) If the court finds there is clear and convincing evidence to issue an extreme risk
protection order, the court shall issue the order prohibiting the person from possessing or
purchasing a firearm for the duration of the order. The court shall inform the respondent
that the respondent is prohibited from possessing or purchasing firearms and shall deleted text begin issue adeleted text end
new text begin order the respondent to new text end transfer deleted text begin order underdeleted text end new text begin their firearms pursuant tonew text end section 624.7175.
The court shall also give notice to the county attorney's office, which may take action as it
deems appropriate.
(e) The court shall determine the length of time the order is in effect, but may not set
the length of time for less than six months or more than one yearnew text begin . Unless a period longer
than one year is agreed upon by the respondentnew text end , new text begin orders are new text end subject to renewal or extension
under section 624.7173.
(f) If there is no existing emergency order under section 624.7174 at the time an order
is granted under this section, the court shall determine by clear and convincing evidence
whether the respondent presents an immediate and present danger of bodily harm. If the
court so determines, the new text begin court shall order the respondent to new text end transfer deleted text begin order shall include the
provisionsdeleted text end new text begin their firearms asnew text end described in section 624.7175, paragraph (d).
(g) If, after a hearing, the court does not issue an deleted text begin order of protectiondeleted text end new text begin extreme risk
protection ordernew text end , the court shall vacate any emergency extreme risk protection order currently
in effect.
(h) A respondent may waive the respondent's right to contest the hearing and consent
to the court's imposition of an extreme risk protection order. deleted text begin The court shall seal the petition
filed under this section and section 624.7174 if a respondent who consents to imposition of
an extreme risk protection order requests that the petition be sealed, unless the court finds
that there is clear and convincing evidence that the interests of the public and public safety
outweigh the disadvantages to the respondent of not sealing the petition. All extreme risk
protection orders based on the respondent being a danger to others shall remain public.
Extreme risk protection orders issued for respondents who are solely at risk of suicide shall
not be public.
deleted text end
new text begin
(i) If a party requests, the court shall consider whether a guardian ad litem should be
appointed pursuant to rule 17.02 of the Rules of Civil Procedure for the respondent.
new text end
Sec. 5.
Minnesota Statutes 2024, section 624.7173, is amended to read:
624.7173 SUBSEQUENT EXTENSIONS AND TERMINATION.
(a) Upon application by any party entitled to petition for an order under section 624.7172,
and after notice to the respondent and a hearing, the court may extend the relief granted in
deleted text begin andeleted text end new text begin thenew text end existing order deleted text begin granted after a hearing under section 624.7172deleted text end . Application for an
extension may be made any time within the three months before the expiration of the existing
order. The court may extend the order if the court deleted text begin makes the same findingsdeleted text end new text begin findsnew text end by clear
and convincing evidence deleted text begin as required for granting of an initial order under section 624.7172,
subdivision 2, paragraph (d)deleted text end new text begin the respondent still poses a significant danger of bodily harm
to other persons or is at significant risk of suicide by possessing a firearmnew text end . The minimum
length deleted text begin of timedeleted text end of an extension is six months and the maximum length of time of an extension
is one year. The court shall consider the same types of evidence as required for the initial
order under section 624.7172, subdivision 2, paragraphs (b) and (c).
new text begin
(b) An extreme risk protection order may be extended for a period of up to five years,
if the court finds by clear and convincing evidence the respondent still poses a significant
danger of bodily harm to other persons or is at significant risk of suicide by possessing a
firearm and:
new text end
new text begin
(1) the respondent has violated a prior or existing extreme risk protection order on two
or more occasions; or
new text end
new text begin
(2) the respondent is or has been subject to two or more extreme risk protection orders.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Upon application by the respondent to an order issued under section 624.7172,
the court may deleted text begin terminatedeleted text end new text begin vacatenew text end an order after a hearing at which the respondent shall bear
the burden of proving by clear and convincing evidence that the respondent does not pose
a significant danger to other persons or is at significant risk of suicide by possessing a
firearm. Application deleted text begin for terminationdeleted text end new text begin to vacatenew text end may be made one time deleted text begin fordeleted text end every six months
an order is in effect. If an order has been issued for a period of six months, the respondent
may apply deleted text begin for terminationdeleted text end new text begin to vacatenew text end one time.new text begin If the court finds that the respondent has not
met the burden of proof, the court shall deny the request and no request may be made to
vacate the extreme risk protection order until six months have elapsed from the date of
denial.
new text end
Sec. 6.
Minnesota Statutes 2024, section 624.7174, is amended to read:
624.7174 EMERGENCY ISSUANCE OF EXTREME RISK PROTECTION
ORDER.
(a) In determining whether to grant an emergency extreme risk protection order, the
court shall consider evidence of all facts identified in section 624.7172, subdivision 2,
paragraphs (b) and (c).
(b) The court shall advise the petitioner of the right to request an order after a hearing
under section 624.7172 separately from or simultaneously with the petition.
(c) If the court finds there is probable cause that (1) the respondent poses a significant
danger of bodily harm to other persons or is at significant risk of suicide by possessing a
firearm, and (2) the respondent presents an immediate and present danger of either bodily
harm to others or of taking their life, the court shall issue an ex parte emergency order
prohibiting the respondent from possessing or purchasing a firearm for the duration of the
order. The order shall inform the respondent that the respondent is prohibited from possessing
or purchasing firearms and shall deleted text begin issue adeleted text end new text begin order the respondent tonew text end transfer deleted text begin order underdeleted text end new text begin their
firearms pursuant tonew text end section 624.7175, paragraph (d).
(d) A finding by the court that there is a basis for issuing an emergency extreme risk
protection order constitutes a finding that sufficient reasons exist not to require notice under
applicable court rules governing applications for ex parte relief.
(e) The emergency order shall have a fixed period of 14 days unless a hearing is set
under section 624.7172 on an earlier date, in which case the order shall expire upon a judge's
finding that no order is issued under section 624.7172.
(f) Except as provided in paragraph (g), the respondent shall be personally served
immediately with a copy of the emergency order and a copy of the petition and, if a hearing
is requested by the petitioner under section 624.7172, notice of the date set for the hearing.
If the petitioner does not request a hearing under section 624.7172, new text begin the respondent has a
right to request a hearing within five days of service of the order. new text end An order served on a
respondent under this section must include a notice advising the respondent of the right to
request a hearing challenging the issuance of the emergency order, deleted text begin anddeleted text end must be accompanied
by a form that can be used by the respondent to request a hearingnew text begin , and must include a
conspicuous notice that a hearing will not be held unless requested by the respondent within
five days of service of the ordernew text end .
(g) Service of the emergency order may be made by alternate service as provided under
section 624.7172, subdivision 1, paragraph (e), provided that the petitioner files the affidavit
required under that subdivision. If the petitioner does not request a hearing under section
624.7172, the petition mailed to the respondent's residence, if known, must be accompanied
by the form for requesting a hearing described in paragraph (f).
Sec. 7.
Minnesota Statutes 2024, section 624.7175, is amended to read:
624.7175 TRANSFER OF FIREARMS.
(a) Except new text begin as otherwise provided in this paragraph or new text end as provided in paragraph (b), upon
issuance of an extreme risk protection order, the court shall direct the respondent to transfer
any firearms the person possesses as soon as reasonably practicable, but in no case later
than 24 hours, to a federally licensed firearms dealer deleted text begin ordeleted text end new text begin ,new text end a law enforcement agencynew text begin , or a
third party who may lawfully receive them. When a peace officer presents a respondent
with a search warrant issued pursuant to paragraph (d), the respondent must surrender all
firearms in the respondent's possession to the peace officer immediatelynew text end . If the respondent
elects to transfer the respondent's firearms to a law enforcement agency, the agency must
accept the transfer. The transfer may be permanent or temporary. A temporary firearm
transfer only entitles the receiving party to possess the firearm and does not transfer
ownership or title. new text begin The respondent may not transfer the firearms to a third party who resides
with the respondent. new text end If the respondent makes a temporary transfer to a federally licensed
firearms dealer, the dealer may charge the respondent a reasonable fee to store the firearms.
If the temporary transfer is made to a law enforcement agency, the agency may not charge
the respondent any storage or other associated fee. A dealer or agency deleted text begin maydeleted text end new text begin shallnew text end establish
policies for disposal of abandoned firearmsdeleted text begin , provideddeleted text end new text begin .new text end These policies deleted text begin requiredeleted text end new text begin must providenew text end
that the respondent be notified prior to disposal of abandoned firearms. deleted text begin If a respondent
permanently transfers the respondent's firearms to a law enforcement agency, the agency
must compensate the respondent at fair market value and may not charge the respondent
any processing or other fees.
deleted text end
(b) A person directed to transfer any firearms pursuant to paragraph (a) may transfer
any antique firearm, as defined in United States Code, title 18, section 921, paragraph (a),
clause (16), as amended, or a curio or relic as defined in Code of Federal Regulations, title
27, section 478.11, as amended, to a relative who does not live with the respondent after
confirming that the relative may lawfully own deleted text begin ordeleted text end new text begin andnew text end possess a firearm.
(c) The respondent must file proof of transfer new text begin with the court new text end as provided in this paragraph.
(1) A law enforcement agency deleted text begin ordeleted text end new text begin ,new text end federally licensed firearms dealernew text begin , or third partynew text end
accepting transfer of a firearm pursuant to this section shall provide proof of transfer to the
respondent. The proof of transfer must specify whether the firearms were permanently or
temporarily transferred and must include the name of the respondent, date of transfer, and
the serial number, manufacturer, and model of all transferred firearms. deleted text begin If transfer is made
to a federally licensed firearms dealer,deleted text end The respondent shall, within two business days after
being served with the order, file a copy of proof of transfer with the deleted text begin law enforcement agencydeleted text end new text begin
courtnew text end and attest that all firearms owned or possessed at the time of the order have been
transferred in accordance with this section and that the person currently does not possess
any firearms. If the respondent claims not to own or possess firearms, the respondent shall
file a declaration of nonpossession with the deleted text begin law enforcement agencydeleted text end new text begin courtnew text end attesting that, at
the time of the order, the respondent neither owned nor possessed any firearms, and that
the respondent currently neither owns nor possesses any firearms. If the transfer is made to
a relative pursuant to paragraph (b), the relative must sign an affidavit under oath before a
notary public either acknowledging that the respondent permanently transferred the
respondent's antique firearms, curios, or relics to the relative or agreeing to temporarily
store the respondent's antique firearms, curios, or relics until such time as the respondent
is legally permitted to possess firearms. To the extent possible, the affidavit shall indicate
the serial number, make, and model of all antique firearms, curios, or relics transferred by
the respondent to the relative.
(2) The court shall deleted text begin sealdeleted text end new text begin make confidentialnew text end affidavits, proofs of transfer, and declarations
of nonpossession filed pursuant to this paragraph.
(d) If a court issues an emergency order under section 624.7174, or makes a finding of
immediate and present danger under section 624.7172, subdivision 2, paragraph (f), and
there is probable cause to believe the respondent possesses firearms, the court shall issue a
search warrant deleted text begin to the local law enforcement agencydeleted text end to take possession of all firearms deleted text begin indeleted text end the
deleted text begin respondent's possessiondeleted text end new text begin respondent possesses or ownsnew text end as soon as practicable. The deleted text begin chief law
enforcement officer, or the chief's designee,deleted text end new text begin officer or officers tasked with serving the search
warrantnew text end shall notify the respondent of the option to voluntarily comply with the order by
surrendering the respondent's firearms to law enforcement prior to execution of the search
warrant. Only if the respondent refuses to voluntarily comply with the order to surrender
the respondent's firearms shall the officer or officers tasked with serving the search warrant
execute the warrant.
new text begin
(e) If the respondent voluntarily agrees to comply with the order by surrendering the
respondent's firearms to law enforcement prior to execution of the search warrant, the
respondent will be immune from criminal prosecution for unlawful possession of the firearms
under section 624.713.
new text end
new text begin (f)new text end The local law enforcement agency shall, upon written notice from the respondent,
transfer the firearms to a federally licensed firearms dealer. Before a local law enforcement
agency transfers a firearm under this paragraph, the agency shall require the federally
licensed firearms dealer receiving the firearm to submit a proof of transfer that complies
with the requirements for proofs of transfer established in paragraph (c). The deleted text begin agency shall
filedeleted text end new text begin respondent is responsible for filingnew text end all proofs of transfer received deleted text begin bydeleted text end new text begin withnew text end the court
within two business days of the transfer. A federally licensed firearms dealer who accepts
a firearm transfer pursuant to this paragraph shall comply with paragraphs (a) and (c) as if
accepting transfer directly from the respondent. deleted text begin A law enforcement agency may establish
policies for disposal of abandoned firearms, provided these policies require that the
respondent be notified prior to disposal of abandoned firearms.
deleted text end
new text begin
(g) The respondent may sell their firearms while subject to an extreme risk protection
order. The sale of firearms by the respondent must comply with paragraph (f).
new text end
Sec. 8.
Minnesota Statutes 2024, section 624.7176, subdivision 1, is amended to read:
Subdivision 1.
Law enforcement.
A local law enforcement agency that accepted
temporary transfer of firearms under section 624.7175 shall return the firearms to the
respondent after the expiration of the order, provided the respondent is not otherwise
prohibited from possessing firearms under state or federal lawnew text begin and the respondent lawfully
possessed the firearms prior to surrendering the firearmsnew text end .
Sec. 9.
Minnesota Statutes 2024, section 624.7176, subdivision 2, is amended to read:
Subd. 2.
Firearms dealernew text begin or third partynew text end .
A federally licensed firearms dealer new text begin or third
party new text end that accepted temporary transfer of firearms under section 624.7175 shall return the
transferred firearms to the respondent upon request after the expiration of the order, provided
the respondent is not otherwise prohibited from possessing firearms under state or federal
law. A federally licensed firearms dealer returning firearms shall comply with state and
federal law as though transferring a firearm from the dealer's own inventory.
Sec. 10.
Minnesota Statutes 2024, section 624.7177, subdivision 2, is amended to read:
Subd. 2.
Violation of order.
A person who possesses a firearm and knows or should
have known that the person is prohibited from doing so by an extreme risk protection order
under section 624.7172 or 624.7174, or by an deleted text begin order of protectiondeleted text end new text begin extreme risk protection
ordernew text end granted by a judge or referee pursuant to a substantially similar law of another state,
is guilty of a misdemeanor and shall be prohibited from possessing firearms for a period of
five years. Each extreme risk protection order granted under this chapter must contain a
conspicuous notice to the respondent regarding the penalty for violation of the order.
Sec. 11.
Minnesota Statutes 2024, section 624.7178, subdivision 1, is amended to read:
Subdivision 1.
Liability protection for petition.
A chief law enforcement officer, the
chief law enforcement officer's designee, deleted text begin ordeleted text end new text begin a law enforcement agency,new text end a city or county
attorneynew text begin , or a city or county attorney's officenew text end who, in good faith, decides not to petition for
an extreme risk protection order or emergency extreme risk protection order shall be immune
from criminal or civil liability.
Sec. 12.
Minnesota Statutes 2024, section 624.7178, subdivision 4, is amended to read:
Subd. 4.
Liability protection for mental health professionals.
A mental health
professional who provides notice to the deleted text begin sheriffdeleted text end new text begin law enforcement agencynew text end under section
624.7171, subdivision 5, is immune from monetary liability and no cause of action, or
disciplinary action by the person's licensing board may arise against the mental health
professional for disclosure of confidences to the deleted text begin sheriffdeleted text end new text begin law enforcement agencynew text end , for failure
to disclose confidences to the deleted text begin sheriffdeleted text end new text begin law enforcement agencynew text end , or for erroneous disclosure
of confidences to the deleted text begin sheriffdeleted text end new text begin law enforcement agencynew text end in a good faith effort to warn against
or take precautions against a client's violent behavior or threat of suicide.