§ 624.7178 — Liability Protection
Plain-Language Summary
Provides legal immunity for law enforcement officers and agencies, mental health professionals, and prosecutors who act in good faith in extreme risk protection order cases.
624.7178 LIABILITY PROTECTION.
§
Subdivision 1.Liability protection for petition.
A chief law enforcement officer, the chief law enforcement officer’s designee, or a city or county attorney who, in good faith, decides not to petition for an extreme risk protection order or emergency extreme risk protection order shall be immune from criminal or civil liability. §
Subd. 2.Liability protection for storage of firearms.
A law enforcement agency shall be immune from civil or criminal liability for any damage or deterioration of firearms, ammunition, or weapons stored or transported pursuant to section 624.7175. This subdivision shall not apply if the damage or deterioration occurred as a result of recklessness, gross negligence, or intentional misconduct by the law enforcement agency. §
Subd. 3.Liability protection for harm following service of an order or execution of a search warrant.
A peace officer, law enforcement agency, and the state or a political subdivision by which a peace officer is employed has immunity from any liability, civil or criminal, for harm caused by a person who is the subject of an extreme risk protection order, a search warrant issued pursuant to section 624.7175, paragraph (d), or both, after service of the order or execution of the warrant, whichever comes first, if the peace officer acts in good faith in serving the order or executing the warrant. §
Subd. 4.Liability protection for mental health professionals.
A mental health professional who provides notice to the sheriff under section 624.7171, subdivision 5, is immune from monetary liability and no cause of action, or disciplinary action by the person’s licensing board may arise against the mental health professional for disclosure of confidences to the sheriff, for failure to disclose confidences to the sheriff, or for erroneous disclosure of confidences to the sheriff in a good faith effort to warn against or take precautions against a client’s violent behavior or threat of suicide.
History:
2023 c 52 art 14 s 9; 2024 c 85 s 110
History: History: 2023 c 52 art 14 s 9; 2024 c 85 s 110