Minnesota’s new gun law tested in Eden Prairie

Minnesota’s “red flag” gun law has its first case in Eden Prairie.

Last month, a judge ordered police to withhold, at least until Oct. 24, a semi-automatic handgun belonging to a 25-year-old man who carried it into the Eden Prairie City Center last fall. The court order represents the local police department’s first use of the complex and potentially far-reaching new legislation.

Police say the man, who has not been charged with a crime, showed up at City Hall, told an officer he suffered from a traumatic brain injury, and asked for extra patrols at his Eden Prairie residence because of “stalkers.”

Police concluded that the man – with whom they had had contact in earlier incidents – was suffering a “mental health episode,” including paranoia. Upon learning that he was carrying a loaded firearm, they disarmed him.

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The next day, they obtained an emergency court order to hold the gun for two weeks after demonstrating that the man presented an immediate and present danger of bodily harm to others or himself. After several delays, an evidentiary hearing was held March 27, and District Court Judge Charlene Hatcher approved a long-term order to retain the weapon.

This is the local department’s first use of Minnesota’s Extreme Risk Protection Order (ERPO) law, which took effect Jan. 1, 2024. Eden Prairie Police Chief Matt Sackett said the measure appears to have worked as intended.

“If mental health assessments and the court rule that he should be able to get (the weapon) back, well, then we’ve done our part,” he said. “But to be able to have that more immediate lowering of the temperature, to keep him safe and keep everybody safe, seemed definitely the right way to go about it.”

About the ERPO law

The basics of Minnesota’s new red-flag law are that it allows certain people – including family members and police – to request a court order prohibiting someone from purchasing or possessing a firearm.

The civil court intervention, referred to in Minnesota statutes as an ERPO, can be issued if a judge finds that a person poses a significant danger of bodily harm to others or is at significant risk of suicide if they possess a firearm.

There are two types of ERPOs: emergency ERPOs, which go into effect right away and last for 14 days; and long-term ERPOs, which can be granted after a hearing and last between six months and one year.

The Minnesota Legislature enacted the red flag law in 2023, becoming one of 21 states with similar legislation. Advocates argue the protection orders provide a proactive way to prevent mass shootings and other tragedies by temporarily suspending a person’s access to firearms if they show clear warning signs of violence.

Critics, however, raise concerns about due process rights, the potential for abuse, and the subjective nature of determining who poses a risk. They argue red flag laws could lead to unjustified infringements on Second Amendment rights and the stigmatization of individuals with mental health conditions.

Meanwhile, officials are just beginning to see meaningful data from the new law. A Feb. 15 news commentary co-authored by Jillian Peterson, director of the Violence Prevention Project Research Center at Hamline University in St. Paul, noted that 135 ERPO cases were filed in Minnesota last year. Data show that 71% were filed by law enforcement officers and 16% by family members. Courts granted 95% of temporary petitions, which last 14 days, and 78% of long-term ERPOs, which last between six and 12 months, suggesting judges found substantial evidence of immediate risk in most cases, according to the authors.

However, Eden Prairie police say they’re still learning the ins and outs of the new law. With just one ERPO issued to date, they say it’s too early to know whether the legislation will have a long-term impact on public safety in Eden Prairie.

“It can take a little while to see a pattern,” explained Sackett.

‘Another tool in the toolbox’

For now, local authorities view the ERPO law as a complement to statutes that already allow them to at least temporarily confiscate a weapon in the case of a criminal matter, such as when a weapon is used in the commission of a crime or when possession is in violation of a state or federal law.

In the Eden Prairie case, no crime appeared to have been committed, and the man had a permit to carry a gun. However, police testified in the ERPO hearing that he “expressed paranoia about his ex-girlfriend’s friends trying to kill him, his neighbors watching him and certain Walmart employees zooming in on him with their cameras.”

The man represented himself at the court hearing and, according to court records, his “testimony was difficult to follow and his assertions of being followed and harassed by others are not supported by the evidence.”

The court concluded the man “suffers from untreated mental illness” and that his possession of a firearm “would present an immediate danger of harming others based on his paranoid beliefs.” The man’s pistol has been secured by Eden Prairie police.

As for the future of the case, Sackett said the department routinely offers people information on mental health services in matters such as this, but it’s impossible to know where things will stand when the ERPO order expires Oct. 24.

In the meantime, Eden Prairie police would like to be able to obtain a temporary order more quickly and outside the normal working hours of the county attorney’s office.

“Another tool in the toolbox: That’s the way we kind of really look at it,” Sackett said.

“We’re not looking to be on calls and take people’s guns unnecessarily. That’s not our goal at all; that shouldn’t be our goal,” he added. “But when you’re on a domestic assault call or a terroristic threats call or just a mental health call where someone feels threatened, even if perhaps the person didn’t have the mental capability to understand what they were doing, there’s still a cause and effect, and it can create a fear. 

“So, what can we do to keep that whole situation safe? A lot of that is just using the tools that are available.”