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Red Flag Law Defense Attorney in Minnesota

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Fighting Back Against Improper Firearm Seizures

Minnesota’s red flag law allows courts to temporarily take away someone’s firearms—even if they haven’t been charged with a crime. These are called Extreme Risk Protection Orders (ERPOs), and while the law aims to prevent harm, it’s often misused. At Rob Doar Law, we represent individuals targeted by unjust or poorly supported ERPO petitions. We fight to expose weak evidence, procedural shortcuts, and violations of due process. You have rights—even in red flag proceedings—and we’re here to protect them.

Understanding Red Flag Laws in Minnesota

In 2023, Minnesota passed a red flag law that allows law enforcement or certain family members to petition a court for an Extreme Risk Protection Order under Minn. Stat. § 624.717. If granted, the order temporarily bars the respondent from possessing firearms or ammunition.

There are two types of ERPOs:
  • Temporary ERPO:

    Issued without notice to the respondent based solely on the petitioner’s sworn affidavit. Lasts up to 14 days.

  • Final ERPO:

    Issued after a hearing where both sides can present evidence. Lasts up to one year and can be extended or renewed.

Key Legal Elements:
  • Statute: Minn. Stat. § 624.717
  • Standard of Proof: “Preponderance of the evidence” at final hearing
  • Effect: Prohibits firearm possession and authorizes law enforcement seizure
  • Petitioners: Law enforcement or family/household members

These orders are civil—not criminal—but the consequences can feel just as serious. Violating an ERPO is a criminal offense under Minn. Stat. § 624.7174.

The facts often reveal more than the accusation. Here’s how a strong defense is built:

  • Challenging the Evidence: ERPOs can be based on unverified claims, vague fears, or past misunderstandings. An attorney can cross-examine the petitioner and present evidence showing you’re not a risk.
  • Identifying Procedural Errors: Was notice properly given? Were timelines followed? Did law enforcement overstep when seizing firearms? These issues can invalidate an ERPO.
  • Rebutting Mental Health Allegations: Many ERPOs cite mental illness or erratic behavior. An attorney can present medical records, expert opinions, or context that undermines these claims.
  • Protecting Second Amendment Rights: Red flag laws operate in tension with constitutional protections. Your attorney can raise legal arguments about due process and the right to bear arms.

We don’t just fight to get your firearms back—we fight to clear your name and defend your rights.

Each Case is Unique

The specific charges and potential penalties depend on the incident's details.
Contact us for help charting a strategic path through these challenges.
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Navigating the Legal Process

Understanding the path ahead can provide peace of mind. Here’s what you can expect:

    • Initial Consultation: Discuss your case details and concerns.
    • Case Evaluation: Analyze evidence and identify defense strategies.
    • Pre-Trial Proceedings: Attend hearings and negotiate with prosecutors.
    • Trial: Present your defense before a judge or jury, if necessary.
    • Post-Trial: Address sentencing or explore appeal options, depending on the outcome.

Throughout this process, Rob Doar Law serves as your anchor, providing steadfast support and guidance.

Contact Rob Doar Law Today

If someone has filed a red flag petition against you, time is critical. We’ll fight the order, protect your rights, and push back against weak or retaliatory claims.
Set up a no-obligation consultation to discuss your case and how we can help.

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Frequently Asked Questions

An ERPO (Extreme Risk Protection Order) is a court order that temporarily bars someone from possessing firearms due to alleged risk of harm to themselves or others. Minnesota's red flag law is found in Minn. Stat. § 624.717.

Law enforcement officers and certain family or household members can petition the court for an ERPO. This includes spouses, parents, children, siblings, or people who live with or have a significant relationship with the respondent.

Yes. A temporary ERPO can be issued without notice or a hearing, based solely on the petitioner's affidavit. A final ERPO requires a hearing where the respondent can present a defense.

A temporary ERPO can last up to 14 days. A final ERPO issued after a hearing can remain in effect for up to one year and may be extended. The respondent has the right to request modification or termination.

Violating a red flag order is a misdemeanor under Minn. Stat. § 624.7174. It can lead to criminal charges, arrest, and further restrictions. Always speak with an attorney before attempting to retrieve or possess firearms during an ERPO period.

Yes. If an ERPO is granted, you must surrender all firearms to law enforcement or a licensed dealer. Failure to do so can result in criminal charges. Your attorney may assist in negotiating the manner and timing of the transfer.

Yes. You have the right to a hearing and to present evidence and witnesses. An attorney can file motions, cross-examine the petitioner, and raise legal arguments to defeat or limit the scope of the order.

Yes. A granted ERPO may appear in background checks and may affect firearms purchases or carry permits. A dismissed or expired ERPO generally has fewer long-term effects, but clearing your name may still require follow-up legal action.

Unfortunately, yes. While the law is intended for safety, some people misuse ERPOs during family disputes or political disagreements. A defense attorney can expose false or exaggerated claims and hold petitioners accountable for misuse.

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