A DFL-backed bill introduced in the Senate on Thursday would allow police or family members to petition a court to temporarily seize someone’s guns if they are deemed a threat.

But here’s the catch — the seizure could happen with or without the gun owner having a say.

The Senate bill, which has a similar companion in the House, was authored by Sen. Ron Latz, DFL-St. Louis Park. The petitions could be made by family or household members, police, a city or county attorney or a guardian.

HOW IT WOULD WORK

There are two ways one’s guns could be seized:

A hearing with the gun owner. If the court finds it is more likely than not the gun owner is a danger to themselves or others, it can issue an “extreme risk protective order” lasting between six months and two years.

An “emergency extreme risk protective order” can be given if the court finds reasonable evidence the gun owner poses an immediate and present danger to themselves or others. The emergency order could be issued without hearing from the gun owner. It would expire after 14 days if no further hearing was held.

After getting such an order, a gun owner must transfer their guns to a federally licensed firearms dealer or law enforcement agency within 24 hours. Firearms dealers or law enforcement agencies may charge a fee to store the guns.

The gun owners can get their firearms back after the protective order expires.

PROSPECTS UNCLEAR

Latz’s “red-flag” law proposal did not receive a hearing in the Senate last year.

Prospects for a bill have improved in the House with Democrats now in the majority. But it is still unclear if it will pass in the Senate, where Republicans hold a two-seat majority. Gov. Tim Walz has said he would sign gun-control bills if they reach his desk.

During a news conference at the state Capitol on Thursday, Latz said he hopes Republicans see the policy and political value of the proposal. He pointed to states like Maryland, where courts have taken guns from some who posed a “significant threat” to schools.

“We would like to take those same protective steps in Minnesota to save lives here,” Latz said, alongside roughly a dozen DFL senators. “I think it’s time that we had a chance to air this issue publicly.”

OPPONENTS: WHERE’S THE DUE PROCESS?

The Minnesota Gun Owners Caucus held its own news conference shortly after to speak against the bill. Hundreds of members were at the Capitol on Thursday for the group’s lobbying day.

Rob Doar, the group’s political director, took issue with the emergency protective orders, saying they would not follow due process.

“Keep in mind, this is the accusations of one side. … You have no opportunity to provide your defense, you have no opportunity to give your side of the story, yet you have law enforcement knocking on your door to take your firearms away,” Doar said.