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HCAO on Extreme Risk Protection Orders [Raw]
The Hennepin County Attorney’s Office discussed the use of Extreme Risk Protection Orders, also known as the Red Flag law, during a press conference on Thursday.
MINNEAPOLIS (FOX 9) - The Hennepin County Attorney’s Office discussed the use of Extreme Risk Protection Orders, also known as the Red Flag law, and a program to help assist others in learning more.
What we know
Mary Moriarty announced the HCAO has been working on a program related to Extreme Risk Protection Orders (ERPO), highlighting how it's an important tool in helping fight gun violence. Moriarty explained that to date, the county has issued 26 ERPOs, which accounts for about 25% of ERPOs statewide.
"Our office has spent the last year building out a program that ensures people know about ERPOs and have the ability to petition for them, to protect loved ones from harm. We are taking a two-pronged approach to utilizing ERPO, employing our resources where they can most help families, and also working to build up the community's ability to help those needing solutions," explained Moriarty.
As part of this program, the HCAO hired a lawyer to help provide training to community partners, such as what an ERPO is and how to get one. Meanwhile, law enforcement partners are undergoing training for what is required under the statute, along with tips on safety for the process.
In the coming months, the HCAO will be rolling out a web page on ERPOs to help assist in this process.
"Our approach to ERPOs help the community, while meeting people where they are," Moriarty said. "We also want to empower people to provide their families and get the help they need. We want to help save lives. This program will help us achieve both goals, and I'm extremely proud of it," Moriarty said.
The Ramsey County Attorney's Office announced earlier in November it has convened "150 stakeholders on new county-wide protocols, procedures, and staff investments to maximize use" of Minnesota's Red Flag law. At the time, Ramsey County had only issued three ERPOs.
What is an ERPO?
An ERPO, commonly known as a Red Flag law, went into effect in Minnesota on Jan. 1. A judge can authorize an ERPO that allows police to remove firearms from a person if that person is at risk of harming themselves or others.
An emergency ERPO goes into effect right away and lasts for 14 days, while a long-term version can last between six months and a year but requires a court hearing.
The person petitioning for an ERPO must be a family member or member of law enforcement who has seen clear signs the firearm owner is a risk.
In a more recent case, an ERPO was issued for John Sawchak, who allegedly shot his neighbor following months of threatening behavior. But the order was not issued until after the shooting had occurred.
"The data regarding ERPOs are clear, when we intervene early in dangerous situations we are able to provide better outcomes across the board. It’s our job as leaders and legislators to enact these common-sense reforms because our constituents have given us a mandate to address the spiraling epidemic of gun violence, and this tool is a step in the right direction," Minnesota State Representative Cedrick Frazier, the author of the bill, said in a statement.
Frazier previously told FOX 9 that as of mid-July there have been at least 70 times where judges around the state have issued an ERPO to remove firearms.