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Focus on New Laws: Domestic Violence Arrest Timelines, Reporting, and Firearm Surrenders
Effective Aug. 1, new state laws will expand warrantless arrest windows, mandate reporting, and establish standardized procedures for court-ordered firearm transfers.
State legislative updates taking effect Aug. 1 will change how Minnesota law enforcement agencies investigate domestic violence incidents, execute arrests, and handle court-ordered firearm surrenders.
The statutory updates stem from two key pieces of legislation passed during the 2026 legislative session: Chapter 97 (HF 3990/SF 4760*), an omnibus public safety policy bill, and Chapter 75 (HF 4075*/SF 4294), which standardizes protocols for firearm surrenders.
Together, the new laws establish uniform enforcement measures across the state, expanding officer authority while formalizing agency documentation and property custody mandates.
Expanded arrest windows and mandatory reporting
Chapter 97 introduces major operational changes to the front end of domestic abuse investigations and arrests:
- 14-Day probable cause window: Under updates to Minnesota Statutes, section 629.341, the window for law enforcement to execute a warrantless probable cause arrest for nonfelony domestic abuse expands from 72 hours to 14 days. Officers may make an arrest even if the alleged offense occurred outside their presence. The statutory revision came in partial response to the murder of Allison Lussier, whose family advocated for the expanded timeline.
- Prompt arrest warrant filings: Officers who establish probable cause for a domestic violence offense — but cannot immediately locate or arrest the suspect — must submit the case for criminal charges and request an arrest warrant without delay.
- Mandatory offense reports: Officers must now generate a written incident report for every investigation involving an alleged domestic violence offense against a family or household member, regardless of whether an arrest is made.
- Bureau of Criminal Apprehension annual reporting mandate: Beginning Jan. 1, 2028, law enforcement agencies must submit annual reports detailing all domestic violence claims and investigations to the Minnesota Bureau of Criminal Apprehension (BCA) every Jan. 1.
- Mandatory holds and citation restrictions: Individuals arrested for violating an Order for Protection or a Domestic Abuse No Contact Order must be held in custody for at least 36 hours. Additionally, officers must book subjects arrested for domestic violence, stalking, or harassment instead of issuing a citation if the agency reasonably determines the individual poses a threat to the victim, family members, or public safety, or is unlikely to appear for future court dates. Agencies must base this determination on the suspect’s domestic violence history, prior order violations, and pending charges.
Standardized firearm and permit surrender rules
Chapter 75 creates a uniform state procedure for court-ordered firearm and permit surrenders for individuals subject to judicial transfer orders (court mandates requiring a person to surrender and transfer their weapons away from their possession). These orders apply to cases involving domestic abuse, domestic child abuse, domestic assault, harassment, stalking, or pretrial conditional release agreements in violent crime cases.
Subjects facing judicial transfer orders must relinquish their firearms as soon as reasonably possible to one of three designated entities:
- A local law enforcement agency.
- A federally licensed firearms dealer (FFL).
- An eligible third party who does not reside with the subject.
The court will establish a specific deadline for completion. Subjects must file formal proof of transfer with the court. Individuals claiming they do not own or possess firearms must file an official declaration of non-possession.
Law enforcement agency protocols for firearm transfers
Chapter 75 outlines precise administrative rules for agencies managing firearm transfers:
- Third-party transfer supervision: Third-party transfers must occur at a law enforcement agency under a peace officer’s supervision or in a video-monitored safe zone. The subject must provide the agency with 24 hours’ advance notice of the transfer time and date. The supervising peace officer must sign the subject’s proof of transfer attesting that the exchange occurred.
- Mandatory acceptance and storage: If a subject chooses to surrender firearms directly to a law enforcement agency, the agency is required to accept them. The agency must issue a proof of transfer specifying whether the surrender is temporary or permanent.
- Storage fees and disposal: Agencies may charge subjects a reasonable fee to store temporarily transferred firearms. Agencies must also establish written policies for disposing of permanently transferred or abandoned firearms, which must include notifying the subject prior to disposal.
- Liability protections and weapon return: Agencies must exercise due care to protect the quality and functionality of temporarily stored firearms. However, statutory civil and criminal liability immunity applies to any natural deterioration of stored weapons.
- FFL transfers and return of property: A subject may request in writing that a law enforcement agency transfer stored firearms to an FFL and verify the transaction. Upon written request following the expiration of a temporary transfer order, the agency must return the firearms to the subject, provided the individual is not otherwise prohibited from possessing firearms under state or federal law.
Permit surrenders
Under Chapter 75, courts will require subjects to surrender all permit-to-carry and permit-to-purchase documentation. If permits are not turned in directly to the court, the subject must surrender them to the chief law enforcement officer of the issuing agency. Permit transfers must be formally documented on the proof of transfer or in the declaration of non-possession.
Training available on this new law
Starting Aug. 1, a new course covering 2026 legislative updates, including Chapter 75 and 97 statutory revisions, will be available to officers and agencies enrolled in PATROL (Peace officer Accredited TRaining OnLine). This program is provided by the League of Minnesota Cities Insurance Trust.