Legal Information: Minnesota

Restraining Orders

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Updated: 
August 15, 2016

What will happen to the abuser's firearms if the judge includes a firearm restriction in my order for protection?

If the judge orders that the abuser's firearms be removed for the reasons explained in How can an order for protection help me?, there are two ways that the firearms can be taken away.  First, if the judge believes that there is evidence that the abuser poses an immediate risk of causing you or another person substantial bodily harm, the judge must order the local law enforcement agency take immediate possession of all firearms in the abuser's possession.1  If the judge does not believe there is an immediate risk, the abuser will have three business days to transfer the firearms to a federally licensed firearms dealer, a law enforcement agency, or a third party who may lawfully receive them (as long as the third party does not live with the abuser).2  The third party may be held criminally and civilly responsible if the abuser is able to access the firearm while it is in the custody of the third party.  Then, the abuser must file proof of the transfer with the court within two business days of the transfer.3

1 Minn. Stat. § 518B.01(6)(i)
2 Minn. Stat. § 518B.01(6)(g)
3 Minn. Stat. § 518B.01(6)(h)